reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18) › Section 40-14-10 - Unlawful use of devices generally

It shall be unlawful for speed detection devices to be used in any county or municipality or on any campus for which a permit authorizing such use has not been issued or for which a permit authorizing such use has been suspended or revoked and not reissued. It shall be unlawful for any official of such county, municipality, college, or university to order such speed detection devices to be used. It shall be unlawful for any law enforcement officer of any such county, municipality, college, or university to use any such speed detection devices. Any such official or law enforcement officer violating this Code section shall be guilty of a misdemeanor.
2001 Ga. Laws 223, § 4, redesignated Title 40, Chapter 14, §§ 40-14-2 through 40-14-17 as Title 40, Chapter 14, Article 2, §§ 40-14-2 through 40-14-17. .
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18) › Section 40-14-11 - Investigations by commissioner of public safety; issuance of order suspending or revoking permit; ratio of speeding fines to agency's budget

(a)
Upon a complaint being made to the commissioner of public safety that any county, municipality, college, or university is employing speed detection devices for purposes other than the promotion of the public health, welfare, and safety or in a manner which violates this chapter or violates its speed detection device permit, the commissioner or the commissioner's designee is authorized and empowered to conduct an investigation into the acts and practices of such county, municipality, college, or university with respect to speed detection devices. If, as a result of this investigation, the commissioner or the commissioner's designee finds that there is probable cause to suspend or revoke the speed detection device permit of such county, municipality, college, or university, he or she shall issue an order to that effect.
(b)
Upon the suspension or revocation of any speed detection device permit for the reasons set forth in this Code section, the commissioner of public safety shall notify the executive director of the Georgia Peace Officer Standards and Training Council of the action taken.
(c)
Upon receipt from the executive director of the Georgia Peace Officer Standards and Training Council that an officer's certification to operate speed detection devices has been withdrawn or suspended pursuant to Code Section
35-8-12
, the commissioner of public safety or the commissioner's designee shall suspend the speed detection device permit for the employing agency. The period of suspension or revocation shall be consistent with the action taken by the Georgia Peace Officer Standards and Training Council.
(d)
There shall be a rebuttable presumption that a law enforcement agency is employing speed detection devices for purposes other than the promotion of the public health, welfare, and safety if the fines levied based on the use of speed detection devices for speeding offenses are equal to or greater than 35 percent of a municipal or county law enforcement agency's budget. For purposes of this Code section, fines collected for citations issued for violations of Code Section
40-6-180
shall be included when calculating total speeding fine revenue for the agency; provided, however, that fines for speeding violations exceeding 20 miles per hour over the established speed limit and civil monetary penalties for speeding violations issued pursuant to Code Section
40-14-18
shall not be considered when calculating total speeding fine revenue for the agency.
Amended by 2018 Ga. Laws 545,§ 8, eff. 7/1/2018.
Amended by 2015 Ga. Laws 180,§ 2, eff. 7/1/2015.
2001 Ga. Laws 223, § 4, redesignated Title 40, Chapter 14, §§ 40-14-2 through 40-14-17 as Title 40, Chapter 14, Article 2, §§ 40-14-2 through 40-14-17. .
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18) › Section 40-14-12 - Administrative hearing upon permit suspension or revocation

Upon issuance by the commissioner of public safety of an order suspending or revoking the speed detection device permit of any county, municipality, college, or university, the county, municipality, college, or university affected shall be afforded a hearing, to be held within ten days of the effective date of the order. The hearing shall be held before the commissioner or deputy commissioner of public safety, and, following the hearing, the county, municipality, college, or university affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated.
2001 Ga. Laws 223, § 4, redesignated Title 40, Chapter 14, §§ 40-14-2 through 40-14-17 as Title 40, Chapter 14, Article 2, §§ 40-14-2 through 40-14-17. .
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18) › Section 40-14-13 - Administrative and judicial appeal of decision suspending or revoking permit

Any county, municipality, college, or university aggrieved by a decision of the commissioner or deputy commissioner of public safety suspending or revoking its speed detection device permit may appeal that decision within 30 days of its effective date to the Board of Public Safety, which shall schedule a hearing with respect thereto before the board. Following a hearing before the board, the county, municipality, college, or university affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated. An adverse decision of the board may be appealed by the county, municipality, college, or university to the superior court with appropriate jurisdiction, but the municipality, county, college, or university shall be denied the use of the speed detection device until after such appeal is decided by the court.
2001 Ga. Laws 223, § 4, redesignated Title 40, Chapter 14, §§ 40-14-2 through 40-14-17 as Title 40, Chapter 14, Article 2, §§ 40-14-2 through 40-14-17. .
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18) › Section 40-14-14 - Petition for reconsideration following permit suspension or revocation

At the expiration of six months following the suspension or revocation of a speed detection device permit by the Board of Public Safety or, if no appeal was taken, by the commissioner or deputy commissioner of public safety, the governing authority of any such county or municipality or the president of any such college or university may, upon a change of circumstances being shown to the commissioner, petition the commissioner for a reconsideration of whether such county, municipality, college, or university should be permitted to use speed detection devices within their respective jurisdictions.
2001 Ga. Laws 223, § 4, redesignated Title 40, Chapter 14, §§ 40-14-2 through 40-14-17 as Title 40, Chapter 14, Article 2, §§ 40-14-2 through 40-14-17. .
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18) › Section 40-14-15 - Rehearing or restoration of permit at direction of Governor

The Governor, in his discretion, may direct the commissioner of public safety, or his delegate, to inquire into such change of circumstances and report the same to him together with any recommendations he might have. The Governor, in his discretion, may order a new hearing on the matter before the Board of Public Safety or may, without hearing, issue his order directing the commissioner to grant a permit to such a county, municipality, college, or university to use speed detection devices. If a county, municipality, college, or university shall not be granted a permit to use such devices, it shall not apply for a rehearing until the expiration of six months.
2001 Ga. Laws 223, § 4, redesignated Title 40, Chapter 14, §§ 40-14-2 through 40-14-17 as Title 40, Chapter 14, Article 2, §§ 40-14-2 through 40-14-17. .
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18) › Section 40-14-16 - Restrictions on suspension or revocation of drivers' licenses; reports to Department of Driver Services to specify speed

No speeding violation of less than ten miles per hour above the legal speed limit in the county or municipality or on a college or university campus in which a person is given a speeding ticket shall be used by the Department of Driver Services for the purpose of suspending or revoking the driver's license of the violator. No speeding violation report by a county, municipality, or college or university campus to the Department of Driver Services which fails to specify the speed of the violator shall be used by the Department of Driver Services to revoke the driver's license of a violator.
Amended by 2005 Ga. Laws 68,§ 23-1, eff. 7/1/2005.
Amended by 2002 Ga. Laws 462, § 40, eff. 4/18/2002.
2001 Ga. Laws 223, § 4, redesignated Title 40, Chapter 14, §§ 40-14-2 through 40-14-17 as Title 40, Chapter 14, Article 2, §§ 40-14-2 through 40-14-17. .
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18) › Section 40-14-17 - Laser devices; reliability and admissibility of evidence

Evidence of speed based on a speed detection device using the speed timing principle of laser which is of a model that has been approved by the Department of Public Safety shall be considered scientifically acceptable and reliable as a speed detection device and shall be admissible for all purposes in any court, judicial, or administrative proceedings in this state. A certified copy of the Department of Public Safety list of approved models of such laser devices shall be self-authenticating and shall be admissible for all purposes in any court, judicial, or administrative proceedings in this state.
2001 Ga. Laws 223, § 4, redesignated Title 40, Chapter 14, §§ 40-14-2 through 40-14-17 as Title 40, Chapter 14, Article 2, §§ 40-14-2 through 40-14-17. .
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 3 - TRAFFIC-CONTROL SIGNAL MONITORING DEVICES (§§ 40-14-20 — 40-14-26) › Section 40-14-20 - Definitions

As used in this article, the term:
(1)
"Governing authority" means any county, municipality, or consolidated government.
(2)
"Recorded images" has the meaning provided in subparagraph (f)(1)(B) of Code Section
40-6-20
.
(3)
"Traffic-control signal monitoring device" has the meaning provided in subparagraph (f)(1)(C) of Code Section
40-6-20
.
Amended by 2008 Ga. Laws 799,§ 3, eff. 12/31/2008.
Article added by 2001 Ga. Laws 223, § 4, eff. 7/1/2001.
Added by 2001 Ga. Laws 223, § 4, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 3 - TRAFFIC-CONTROL SIGNAL MONITORING DEVICES (§§ 40-14-20 — 40-14-26) › Section 40-14-22 - Timing of traffic-control signals utilizing monitoring devices

The timing of any traffic-control signal which is being monitored by a traffic-control signal monitoring device shall conform to regulations promulgated by the Department of Transportation pursuant to Code Section
32-6-50
. The duration of the yellow or red light of any traffic-control device at which a traffic-control signal monitoring device is installed shall not be decreased prior to the installation of a device or during the time for which the device is operated. The Department of Transportation shall establish minimal yellow light change interval times for traffic-control devices at intersections where a traffic-control signal monitoring device is utilized. The minimal yellow light change interval time shall be established in accordance with nationally recognized engineering standards, and any such established time shall not be less than the recognized national standard plus one additional second. Each governing authority using a traffic-control signal monitoring device shall at its own expense test the device for accuracy at regular intervals and record and maintain the results of each test. Such test results shall be public records subject to inspection as provided by Article 4 of Chapter 18 of Title 50. Each such test shall be made in accordance with the manufacturer's recommended procedure. Any such device not meeting the manufacturer's minimum accuracy requirements shall be removed from service and thereafter shall not be used by the governing authority, nor shall any charges for violations based on evidence from such device be made by a law enforcement agency, until such device has been serviced and calibrated at the expense of the governing authority by a qualified technician.
Amended by 2008 Ga. Laws 799,§ 5, eff. 12/31/2008.
Added by 2001 Ga. Laws 223, § 4, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 3 - TRAFFIC-CONTROL SIGNAL MONITORING DEVICES (§§ 40-14-20 — 40-14-26) › Section 40-14-23 - Use of signs to notify motorists of traffic-control signal monitoring devices

Each governing authority using traffic-control signal monitoring devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the jurisdictional limits of the governing authority. A sign shall be erected also by such entity on each public road on the approach to the next traffic-control signal for such road when a traffic-control signal monitoring device is monitoring such next signal for such road and signs shall also be erected at any other location required by the Department of Transportation. Such signs shall be of a design specified by the Department of Transportation in accordance with nationally recognized standards.
Amended by 2008 Ga. Laws 799,§ 6, eff. 12/31/2008.
Added by 2001 Ga. Laws 223, § 4, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 3 - TRAFFIC-CONTROL SIGNAL MONITORING DEVICES (§§ 40-14-20 — 40-14-26) › Section 40-14-24 - Reports on traffic-control signal monitoring device use

(a)
Each governing authority using any traffic-control signal monitoring device shall submit not later than February 1 of each year a report on such use during the preceding calendar year to the Department of Transportation. Such report shall include, without limitation:
(1)
A description of the locations where traffic-control signal monitoring devices were used;
(2)
The number of violations recorded at each location and in the aggregate on a monthly basis;
(3)
The total number of citations issued;
(4)
The number of civil monetary penalties and total amount of such penalties paid after citation without contest;
(5)
The number of violations adjudicated and results of such adjudications, including a breakdown of dispositions made;
(6)
The total amount of civil monetary penalties paid; and
(7)
The quality of the adjudication process and its results.
(b)
If any governing authority fails to provide the report provided for in subsection (a) of this Code section all revenues generated from the operation of any traffic-control signal monitoring device from the date the report was due shall be forwarded to the general fund of the state. The governing authority shall not be entitled to retain any revenue until the annual report is filed and accepted by the Department of Transportation.
(c)
The Department of Transportation shall forward copies of all reports to the offices of the Governor, Lieutenant Governor, and the Speaker of the House by March 1 of each year. The department shall also forward to the offices of the Governor, Lieutenant Governor, and the Speaker of the House a complete list of all traffic-control signal monitoring devices currently in use.
Amended by 2008 Ga. Laws 799,§ 7, eff. 12/31/2008.
Amended by 2003 Ga. Laws 246, § 4, eff. 7/1/2003.
Added by 2001 Ga. Laws 223.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 3 - TRAFFIC-CONTROL SIGNAL MONITORING DEVICES (§§ 40-14-20 — 40-14-26) › Section 40-14-25 - Complaints about traffic-control signal monitoring devices; rebuttable presumption; remission of revenues

(a)
Complaints surrounding the use and operation of traffic-control signal monitoring devices by governing authorities, including the use by a governing authority for any purpose other than the promotion of the public health, welfare, and safety or in a manner which violates this article or violates its operating permit, may be made to the commissioner of transportation. The commissioner or the commissioner's designee is authorized to conduct an investigation into the acts and practices of the governing authority with respect to the use of traffic-control signal monitoring devices. If, as a result of this investigation, there is evidence to substantiate a violation of this article or the rules and regulations of the Department of Transportation, the department may take any action deemed necessary to prevent further misconduct or violations, including denying an application for a permit or suspension or revocation of a permit.
(b)
There shall be a rebuttable presumption that a governing authority is using traffic-control signal monitoring devices for purposes other than the promotion of the public health, welfare, and safety if such devices are used by a governing authority without a valid permit issued by the Department of Transportation or in violation of any requirement of this article or the rules and regulations of the department.
(c)
Where a violation of this article by a governing authority or any law enforcement agency enforcing the use of traffic-control signal monitoring devices on behalf of such governing authority is substantiated, the Department of Transportation may order that revenues generated from the use of traffic-control signal monitoring devices during the time of such violation or misconduct shall be remitted to the state's general fund. The department's order to remit funds shall be a continuous order until the violation is corrected by the governing authority as determined by the department. Any governing authority failing to abide by such order shall be liable for interest and costs, including reasonable attorney fees, incurred in the enforcement of the order. Jurisdiction for enforcing the department's order shall be in the Superior Court of Fulton County.
Amended by 2009 Ga. Laws 8,§ 40, eff. 4/14/2009.
Added by 2008 Ga. Laws 799,§ 8, eff. 12/31/2008.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 3 - TRAFFIC-CONTROL SIGNAL MONITORING DEVICES (§§ 40-14-20 — 40-14-26) › Section 40-14-26 - Revoking traffic-control signal monitoring device permit; hearing; reconsideration

(a)
Upon issuance by the commissioner of transportation of an order denying an application for or suspending or revoking a traffic-control signal monitoring device permit, the governing authority affected shall be afforded a hearing, to be held within 30 days of the effective date of the order. The hearing shall be held before the commissioner of the department or his or her designee, and, within 30 days following the hearing, the governing authority affected shall be served with a written decision announcing whether the permit shall remain denied, suspended, or revoked or whether it shall be granted or reinstated.
(b)
Only after the expiration of three years following the revocation of a traffic-control signal monitoring device permit shall the governing authority make application, upon a change of circumstances being shown, to the commissioner of transportation for a reconsideration of whether the governing authority should be permitted to use traffic-control signal monitoring devices.
Amended by 2009 Ga. Laws 8,§ 40, eff. 4/14/2009.
Added by 2008 Ga. Laws 799,§ 8, eff. 12/31/2008.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 15 - MOTORCYCLE OPERATOR SAFETY TRAINING PROGRAM (§§ 40-15-1 — 40-15-5) › Section 40-15-1 - Definitions

As used in this chapter, the term:
(1)
"Board" means the Board of Driver Services.
(2)
"Commissioner" means the commissioner of driver services.
(3)
"Coordinator" means the state-wide motorcycle safety coordinator provided for in Code Section
40-15-4
.
(4)
"Department" means the Department of Driver Services.
(5)
"Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and a moped.
(6)
"Operator" means any person who drives or is in actual physical control of a motorcycle.
(7)
"Program" means a motorcycle operator safety training program provided for in Code Section
40-15-2
.
Amended by 2005 Ga. Laws 68,§ 23-2, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 15 - MOTORCYCLE OPERATOR SAFETY TRAINING PROGRAM (§§ 40-15-1 — 40-15-5) › Section 40-15-2 - Establishment and operation of programs; provisions of programs; certificates of completion

(a)
(1)
The department is authorized to set up, establish, and operate a motorcycle operator safety training program for the purpose of assisting motorcycle operators to meet the requirements for licensed driving of motorcycles in this state.
(2)
The coordinator, with the approval of the commissioner, shall be authorized to set up, establish, and operate additional motorcycle operator safety training programs.
(b)
Any such programs shall provide courses on motorcycle operator safety. The programs shall be based on the Motorcycle Safety Foundation Motorcycle Rider Course or its equivalent in quality, utility, and merit.
(c)
The department shall issue a certificate of completion to each person who satisfactorily completes the motorcycle operator safety training program.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 15 - MOTORCYCLE OPERATOR SAFETY TRAINING PROGRAM (§§ 40-15-1 — 40-15-5) › Section 40-15-3 - Authorization of board to promulgate rules, prescribe fees, and set student requirements

The board is authorized to adopt, promulgate, and establish rules and regulations for the operation of any motorcycle operator safety training program; to provide for the entrance and enrollment of students; to prescribe fees for the course; and to prescribe the ages, requirements, and conditions under which students may be received for instruction in any such program.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 15 - MOTORCYCLE OPERATOR SAFETY TRAINING PROGRAM (§§ 40-15-1 — 40-15-5) › Section 40-15-4 - Coordinator authorized; duties and requirements

(a)
The commissioner shall appoint a state-wide motorcycle safety coordinator who shall carry out and enforce the provisions of this chapter and the rules and regulations of the department. The coordinator shall be placed in the unclassified service as defined by Code Section
45-20-2
and shall serve at the pleasure of the commissioner.
(b)
The coordinator shall also be authorized to:
(1)
Promote motorcycle safety throughout the state;
(2)
Provide consultation to the various departments of state government and local political subdivisions relating to motorcycle safety; and
(3)
Do any other thing deemed necessary by the commissioner to promote motorcycle safety in the state.
Amended by 2012 Ga. Laws 630,§ 2-62, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 15 - MOTORCYCLE OPERATOR SAFETY TRAINING PROGRAM (§§ 40-15-1 — 40-15-5) › Section 40-15-5 - Requirements for instructors

Every person who desires to qualify as an instructor in a motorcycle operator safety training program shall meet the following requirements:
(1)
Be of good moral character;
(2)
Give satisfactory performance on a written, oral, performance, or combination examination administered by the coordinator testing both knowledge of the field of motorcycle operator education and skills necessary to instruct and impart motorcycle driving skills and safety to students. The instructor training program shall provide for a course of instruction based on the Motorcycle Safety Foundation's Instructor Course or its equivalent in quality, utility, and merit. This course of instruction shall be held periodically based on the applications received and the need for instructors, and an examination fee prescribed by the coordinator shall be charged;
(3)
Be physically able to operate safely a motorcycle and to instruct others in the operation of motorcycles; and
(4)
Hold a valid Class M driver's license.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 16 - DEPARTMENT OF MOTOR VEHICLE SAFETY (§§ 40-16-1 — 40-16-8) › Section 40-16-1 - Definitions

As used in this chapter, the term:
(1)
"Board" means the Board of Driver Services.
(2)
"Commissioner" means the commissioner of driver services.
(3)
"Department" means the Department of Driver Services.
Amended by 2005 Ga. Laws 68,§ 1-1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 16 - DEPARTMENT OF MOTOR VEHICLE SAFETY (§§ 40-16-1 — 40-16-8) › Section 40-16-2.1 - Annual reports to the General Assembly

Annual reports shall be provided to the General Assembly by the affected departments with respect to the reorganization provided for in Code Section
40-16-2
and with respect to other activities of the departments as follows:
(1)
The Department of Driver Services shall provide an annual report which shall include, together with other information deemed pertinent by the department, service metrics clearly indicating the department's ability to meet public demand for its services; and
(2)
The Department of Public Safety shall provide an annual report which shall include, together with other information deemed pertinent by the department, the records of the department with respect to safety inspections and citations issued.
Added by 2005 Ga. Laws 68,§ 1-1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 16 - DEPARTMENT OF MOTOR VEHICLE SAFETY (§§ 40-16-1 — 40-16-8) › Section 40-16-4 - Duties of commissioner; compensation of department employees

(a)
The commissioner shall establish such units within the department as he or she deems proper for its administration and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing.
(b)
The commissioner shall have the authority to employ as many persons as he or she deems necessary for the administration of the department and for the discharge of the duties of his or her office. He or she shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as he or she deems proper, to employ, assign, compensate, and discharge employees of the department within the limitations of the department's appropriation and the restrictions set forth by law.
(c)
All employees of the department shall be compensated upon a fixed salary basis and no person shall be compensated for services to the department on a commission or contingent fee basis.
(d)
Neither the commissioner nor any officer or employee of the department shall be given or receive any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided by law for any service or pretended service either rendered or to be rendered as commissioner or as an officer or employee of the department.
(e)
(1)
The commissioner shall have the authority to appoint and employ 30 investigators who shall be certified peace officers pursuant to the provisions of Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act."
(2)
The investigators of the department shall have jurisdiction throughout this state with such duties and powers as are prescribed by law.
(f)
The department shall have the authority to contract and make cooperative and rental agreements with the United States government; any county, municipality, or local government, or any combination thereof; any public or private corporation or firm; or any public authority, agency, commission, or institution, including agencies of state government, for the purpose of obtaining goods, materials, and services needed to perform any of the duties, responsibilities, or functions vested in the department.
Amended by 2010 Ga. Laws 633,§ 26, eff. 7/1/2010.
Amended by 2007 Ga. Laws 44,§ 7, eff. 1/1/2008.
Added by 2005 Ga. Laws 68,§ 1-1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 16 - DEPARTMENT OF MOTOR VEHICLE SAFETY (§§ 40-16-1 — 40-16-8) › Section 40-16-5.1 - Use of department vehicles and equipment

(a)
Except as otherwise provided in this Code section, no department motor vehicles shall be used by any investigators employed by the department except in the discharge of official duties. Any other equipment shall be used only with the express written approval of the commissioner.
(b)
The commissioner may adopt rules and regulations governing the use of equipment. The commissioner may adopt rules and regulations pursuant to which investigators employed by the department may use a department motor vehicle while working an approved off-duty job, provided that any such use shall comply with such conditions as may be imposed by the commissioner, which conditions shall include but shall not be limited to a finding of public benefit and reimbursement to the department by the employer or employee for use of the vehicle.
(c)
At no time will an off-duty employee be allowed use of a department motor vehicle at any political function of any kind.
Added by 2005 Ga. Laws 68,§ 1-1, eff. 7/1/2005.
Added by 2002 Ga. Laws 838, § 4, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 16 - DEPARTMENT OF MOTOR VEHICLE SAFETY (§§ 40-16-1 — 40-16-8) › Section 40-16-6 - Civil monetary penalties

(a)
To the extent specifically authorized by law, the commissioner may pursuant to rule or regulation specify and impose civil monetary penalties for violations of laws, rules, and regulations administered by the commissioner. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2005.
(b)
All proceedings for the imposition of civil monetary penalties by the commissioner and other contested cases to be decided by or under authority of the commissioner shall be subject to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." All such administrative proceedings which are pending on July 1, 2005, under laws the administration of which is transferred from the commissioner of motor vehicle safety to another enforcement agency shall be transferred to the jurisdiction of such other enforcement agency as of July 1, 2005.
(c)
The amendment of this chapter and the Act by which it is amended shall not affect or abate the status as a crime of any act or omission which occurred prior to July 1, 2005, nor shall the prosecution of such crime be abated as a result of such amendment.
Added by 2005 Ga. Laws 68,§ 1-1, eff. 7/1/2005.
Amended by 2003 Ga. Laws 29, § 5, eff. 5/15/2003.
Amended by 2002 Ga. Laws 462, § 40, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 16 - DEPARTMENT OF MOTOR VEHICLE SAFETY (§§ 40-16-1 — 40-16-8) › Section 40-16-7 - Budget of department

(a)
The department shall be a budget unit to which funds may be appropriated as provided in the "Budget Act," Part 1 of Article 4 of Chapter 12 of Title 45. The department shall be an independent and distinct department of state government. The duties of the department shall be performed by that department and not by any other agency of state government, and the department shall not perform the duties of any other agency of state government. The position of commissioner of driver services shall be a separate and distinct position from any other position in state government. The duties of the commissioner shall be performed by the commissioner and not by any other officer of state government, and the commissioner shall not perform the duties of any other officer of state government.
(b)
Appropriations for functions transferred to and from the Department of Motor Vehicle Safety and other departments may be transferred to and from such departments as provided for in Code Section
45-12-90
, relating to disposition of appropriations for duties, purposes, and objects which have been transferred. Personnel, equipment, and facilities previously employed for such transferred functions shall likewise be transferred to the appropriate departments. Contracts relating to functions transferred to and from the Department of Motor Vehicle Safety and other departments, and any rights of renewal under such contracts, shall also be transferred to the appropriate departments. Any disagreement between such departments as to any such transfers shall be determined by the Governor.
(c)
Except as specifically provided otherwise by law, all fines and bond forfeitures collected for criminal violations cited by the department's investigators shall, after deduction from the total fine or bond forfeiture of the amounts due the Peace Officers' Annuity and Benefit Fund and the Sheriffs' Retirement Fund of Georgia and any other deductions specified by law, be paid by the clerk of the court into the fine and bond forfeiture fund of the county treasurer in the same manner and subject to the same rules of distribution as other fines and bond forfeitures.
Amended by 2016 Ga. Laws 625,§ 40, eff. 5/3/2016.
Amended by 2015 Ga. Laws 98,§ 3-32 and § 3-33, eff. 7/1/2015.
Added by 2005 Ga. Laws 68,§ 1-1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 16 - DEPARTMENT OF MOTOR VEHICLE SAFETY (§§ 40-16-1 — 40-16-8) › Section 40-16-8 - [Repealed]

Repealed and reserved by 2024 Ga. Laws 471,§ 3-2, eff. 7/1/2024.
Amended by 2006 Ga. Laws 453,§ 40, eff. 4/14/2006.
Added by 2005 Ga. Laws 66,§ 1, eff. 5/2/2005.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 1 - GENERAL PROVISIONS (§§ 41-1-1 — 41-1-10) › Section 41-1-1 - Nuisance defined generally

A nuisance is anything that causes hurt, inconvenience, or damage to another and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance. The inconvenience complained of shall not be fanciful, or such as would affect only one of fastidious taste, but it shall be such as would affect an ordinary, reasonable man.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 1 - GENERAL PROVISIONS (§§ 41-1-1 — 41-1-10) › Section 41-1-2 - Classification of nuisances

Nuisances are either public or private. A public nuisance is one which damages all persons who come within the sphere of its operation, though it may vary in its effects on individuals. A private nuisance is one limited in its injurious effects to one or a few individuals.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 1 - GENERAL PROVISIONS (§§ 41-1-1 — 41-1-10) › Section 41-1-3 - Right of action for public nuisance generally

A public nuisance generally gives no right of action to any individual. However, if a public nuisance in which the public does not participate causes special damage to an individual, such special damage shall give a right of action.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 1 - GENERAL PROVISIONS (§§ 41-1-1 — 41-1-10) › Section 41-1-4 - Right of action for private nuisance generally

A private nuisance may injure either a person or property, or both, and for that injury a right of action accrues to the person who is injured or whose property is damaged.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 1 - GENERAL PROVISIONS (§§ 41-1-1 — 41-1-10) › Section 41-1-5 - Continuance of nuisance by an alienee; request to abate nuisance

(a)
The alienee of a person owning property injured may maintain an action for continuance of the nuisance for which the alienee of the property causing the nuisance is responsible.
(b)
Prior to commencement of an action by the alienee of the property injured against the alienee of the property causing the nuisance, there must be a request to abate the nuisance.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 1 - GENERAL PROVISIONS (§§ 41-1-1 — 41-1-10) › Section 41-1-6 - Erection or continuance of nuisance after notice to abate

Any person who shall erect or continue after notice to abate a nuisance which tends to annoy the community, injure the health of the citizens in general, or corrupt the public morals shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 1 - GENERAL PROVISIONS (§§ 41-1-1 — 41-1-10) › Section 41-1-8 - Treatment of publicly owned cultural facilities as nuisances

(a)
It is declared the public policy of this state to conserve, protect, and encourage the development of publicly owned cultural facilities. In order to encourage the establishment and maintenance of publicly owned cultural facilities, it is the purpose of this Code section to limit the circumstances under which a publicly owned cultural facility may be deemed to be a nuisance.
(b)
Neither a publicly owned cultural facility nor a facility operated on lease from a publicly owned cultural facility nor any of the appurtenances thereof nor the operation thereof shall be or become a nuisance, either public or private, solely as a result of changed conditions in or around the locality of such cultural facility if such cultural facility has been in operation for one year or more.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 1 - GENERAL PROVISIONS (§§ 41-1-1 — 41-1-10) › Section 41-1-9 - Sport shooting ranges

(a)
As used in this Code section, the term:
(1)
"Person" means an individual, proprietorship, partnership, corporation, or unincorporated association.
(2)
"Sport shooting range" or "range" means an area designated and operated by a person for the sport shooting of firearms and not available for such use by the general public without payment of a fee, membership contribution, or dues or by invitation of an authorized person, or any area so designated and operated by a unit of government, regardless of the terms of admission thereto.
(3)
"Unit of government" means any of the departments, agencies, authorities, or political subdivisions of the state, cities, municipal corporations, townships, or villages and any of their respective departments, agencies, or authorities.
(b)
No sport shooting range shall be or shall become a nuisance, either public or private, solely as a result of changed conditions in or around the locality of such range if the range has been in operation for one year since the date on which it commenced operation as a sport shooting range. Subsequent physical expansion of the range or expansion of the types of firearms in use at the range shall not establish a new date of commencement of operations for purposes of this Code section.
(c)
No sport shooting range or unit of government or person owning, operating, or using a sport shooting range for the sport shooting of firearms shall be subject to any action for civil or criminal liability, damages, abatement, or injunctive relief resulting from or relating to noise generated by the operation of the range if the range remains in compliance with noise control or nuisance abatement rules, regulations, statutes, or ordinances applicable to the range on the date on which it commenced operation.
(d)
No rules, regulations, statutes, or ordinances relating to noise control, noise pollution, or noise abatement adopted or enacted by a unit of government shall be applied retroactively to prohibit conduct at a sport shooting range, which conduct was lawful and being engaged in prior to the adoption or enactment of such rules, regulations, statutes, or ordinances.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 1 - GENERAL PROVISIONS (§§ 41-1-1 — 41-1-10) › Section 41-1-10 - Hunting operations not nuisances under certain conditions

(a)
As used in this Code section, the term "hunting operation" means an operation including any of the following:
(1)
Lands, including the buildings and improvements thereon, which are used or which are intended for use as a hunting club, hunting preserve, or shooting preserve;
(2)
Lands, including the buildings and improvements thereon, which are used or which are intended for use as a kennel, training facility, or field trial facility for the breeding, showing, raising or training of hunting and sporting dogs; or
(3)
Clubs, associations, partnerships, sole proprietorships, corporations and other business and social entities whose activities or holdings include the lands and uses described in paragraphs (1) and (2) of this subsection.
(b)
No hunting operation shall be or shall become a nuisance, either public or private, solely as a result of changed conditions in or around the locality of such hunting operation if the hunting operation has been in operation for at least one year since the date on which it commenced activity as a hunting operation. Subsequent physical expansion of the hunting operation shall not establish a new date of commencement of activity for purposes of this Code section.
(c)
No hunting operation shall be subject to any action for civil or criminal liability, damages, abatement, or injunctive relief resulting from or relating to lawful hunting activities generated by the hunting operation if the hunting operation remains in compliance with Title 27 and the rules and regulations adopted by the Board of Natural Resources pursuant to Title 27.
(d)
This Code section shall not apply to hunting operations which are conducted in violation of any provision of Title 27 or the rules and regulations adopted by the Board of Natural Resources pursuant to Title 27.
Added by 2010 Ga. Laws 635,§ 11, eff. 6/4/2010.
Former § 41-1-10 renumbered as § 36-35-6.1 and amended by 2002 Ga. Laws 462, § 41, eff. 4/18/2002.
Added by 2001 Ga. Laws 368, § 5.1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 2 - ABATEMENT OF NUISANCES GENERALLY (§§ 41-2-1 — 41-2-17) › Section 41-2-1 - Authorization and procedure for abatement of nuisances generally

Upon filing of a petition as provided in Code Section
41-2-2
, any nuisance which tends to the immediate annoyance of the public in general, is manifestly injurious to the public health or safety, or tends greatly to corrupt the manners and morals of the public may be abated by order of a judge of the superior court of the county in which venue is proper.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 2 - ABATEMENT OF NUISANCES GENERALLY (§§ 41-2-1 — 41-2-17) › Section 41-2-2 - Filing of complaint to abate public nuisance

(a)
Private citizens may not generally interfere to have a public nuisance abated. A complaint must be filed by the district attorney, solicitor-general, city attorney, or county attorney on behalf of the public. However, a public nuisance may be abated upon filing of a complaint by any private citizen specially injured.
(b)
(1)
This subsection shall apply to any event hosted by a promoter or organizer that is not properly permitted by the appropriate local governing authority that results in a public nuisance that impedes travel by police, fire service, emergency medical services personnel, other public safety personnel, or employees or officials of local, state, or federal governments acting in their official capacities.
(2)
Where a district attorney, solicitor-general, city attorney, or county attorney on behalf of the public files a complaint pursuant to subsection (a) of this Code section and the complaint includes a statement that the conditions set forth in paragraph (1) of this subsection have been satisfied, he or she may seek in such complaint and recover on behalf of the public from a promoter or organizer of the unpermitted event reimbursement of all expenses incurred by a local governing authority associated with public safety, including, but not limited to, costs and fees for the provision of traffic control, supplemental law enforcement, fire suppression services, emergency medical technician or paramedic services, and sanitation services.
Amended by 2024 Ga. Laws 374,§ 1, eff. 4/8/2024.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 2 - ABATEMENT OF NUISANCES GENERALLY (§§ 41-2-1 — 41-2-17) › Section 41-2-3 - Filing of petition to abate private nuisance

A private nuisance may be abated upon filing of a petition by the person injured.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 2 - ABATEMENT OF NUISANCES GENERALLY (§§ 41-2-1 — 41-2-17) › Section 41-2-4 - Issuance of injunction against potential nuisance prior to erection or completion

Where the consequence of a nuisance about to be erected or commenced will be irreparable damage and such consequence is not merely possible but to a reasonable degree certain, an injunction may be issued to restrain the nuisance before it is completed.
2023 CODE OF GEORGIA › Title 41 - NUISANCES (§§ 41-1-1 — 41-3-13) › Chapter 2 - ABATEMENT OF NUISANCES GENERALLY (§§ 41-2-1 — 41-2-17) › Section 41-2-5 - Authorization and procedure for abatement of nuisances in cities and unincorporated areas of counties

If the existence of a nuisance is complained of in a county or city of this state, the municipal court of the city, if the nuisance complained of is in the city, shall have jurisdiction to hear and determine the question of the existence of such nuisance and, if found to exist, to order its abatement. If the nuisance complained of is located in the unincorporated area of a county, the magistrate court of the county, unless otherwise provided by local law, shall have such jurisdiction and power to order its abatement.