reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 1 - GENERAL PROVISIONS (§§ 40-5-1 — 40-5-10) › Section 40-5-4 - Authority of commissioner to promulgate rules and regulations

(a)
The commissioner is authorized to implement any and all provisions of this chapter by the promulgation of necessary rules and regulations. An express grant of authority to the commissioner in any Code section to promulgate regulations shall not be construed as excluding such authority in any other Code section.
(b)
When duly promulgated and adopted, all regulations issued pursuant to this chapter shall have the force of law.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 1 - GENERAL PROVISIONS (§§ 40-5-1 — 40-5-10) › Section 40-5-4.1 - Authorized delay in compliance with federal Real ID Act

The Governor of the State of Georgia, or his or her designee, is authorized to delay compliance with certain provisions of the federal Real ID Act, H.R. 1268, P.L. 109-13, enacted by Congress in 2005, until it is expressly guaranteed by the Department of Homeland Security, through adequately defined safeguards, that implementation of the Real ID Act will not compromise the economic privacy or biological sanctity of any citizen or resident of the State of Georgia. This Code section shall not be interpreted as limiting the Governor's discretion or authority to delay compliance with certain provisions of the Real ID Act for any other reason.
Added by 2007 Ga. Laws 11,§ 2, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 1 - GENERAL PROVISIONS (§§ 40-5-1 — 40-5-10) › Section 40-5-6 - Forms for making of anatomical gifts upon issuance or renewal of driver's license or identification card

(a)
Whenever any person applies for or requests the issuance, reissuance, or renewal of any class of driver's license or identification card, the department shall furnish such person with a form, sufficient under Article 6 of Chapter 5 of Title 44, the "Georgia Revised Uniform Anatomical Gift Act," for the gift of all or part of the donor's body conditioned upon the donor's death. If any such person, legally authorized to execute such a gift as provided for pursuant to Code Section
44-5-142
, desires to execute a gift, the department shall provide such person with appropriate assistance and the presence of the legally required number of witnesses.
(b)
A notation shall be affixed to or made a part of every driver's license and identification card issued in this state indicating whether or not the licensee or cardholder has executed, under Article 6 of Chapter 5 of Title 44, the "Georgia Revised Uniform Anatomical Gift Act," a gift, by will or otherwise, of all or part of his or her body conditioned upon the donor's death.
Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024.
Amended by 2015 Ga. Laws 21,§ 4-7, eff. 7/1/2015.
Amended by 2008 Ga. Laws 545,§ 4, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 1 - GENERAL PROVISIONS (§§ 40-5-1 — 40-5-10) › Section 40-5-7 - [Repealed] Blue Ribbon Young Driver and DUI Study Commission; creation; membership; purpose; meetings; compensation; reports to Governor and General Assembly; termination

Added by 2001 Ga. Laws 161, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 1 - GENERAL PROVISIONS (§§ 40-5-1 — 40-5-10) › Section 40-5-8 - Registration of applicants with United States Selective Service System; notification that signature constitutes consent

(a)
Any male United States citizen or immigrant who applies for any driver's license or identification card issued under this chapter, including without limitation any instruction permit, limited driving permit, provisional driver's license, or commercial driver's license, or for renewal thereof, and who is less than 26 years of age shall be registered in compliance with the requirements of Section 3 of the Military Selective Service Act, 50 App. U.S.C.A. Section 451, et seq., as amended.
(b)
The signature of any applicant described in subsection (a) of this Code section submitted to the department in application for such license or identification card issuance or renewal shall serve as an indication that the applicant either has registered already with the United States Selective Service System or that he is authorizing the department to forward to the United States Selective Service System the necessary information for such registration. The department shall notify the applicant at the time of application that his signature constitutes consent to be registered with the United States Selective Service System if he is not already so registered. The department shall, as soon as practical following such application and in accordance with paragraph (1) of subsection (f) of Code Section
40-5-2
, forward the necessary personal information of the applicant to the United States Selective Service System for purposes of registration therewith at such time as required by federal law.
Added by 2001 Ga. Laws 167, § 3, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 1 - GENERAL PROVISIONS (§§ 40-5-1 — 40-5-10) › Section 40-5-9 - Pauper's affidavit for a partial waiver of driver's license reinstatement and restoration fees

(a)
A pauper's affidavit may be filed in lieu of paying the driver's license reinstatement or restoration fee otherwise required by this chapter. An individual filing a pauper's affidavit shall under oath affirm his or her poverty and his or her resulting inability to pay the driver's license reinstatement or restoration fee otherwise required by this chapter. The form of the affidavit shall be prescribed by the commissioner and shall indicate on its face that such individual has neither the income nor the assets to pay the fee otherwise required. The following warning shall be printed on the affidavit form prepared by the commissioner, to wit: "WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony."
(b)
Upon the submission of a pauper's affidavit, the driver's license reinstatement or restoration fee shall be waived.
(c)
The commissioner may promulgate such rules and regulations as are necessary to implement this Code section.
Amended by 2024 Ga. Laws 550,§ 6, eff. 5/2/2024.
Added by 2016 Ga. Laws 460,§ 4-1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 1 - GENERAL PROVISIONS (§§ 40-5-1 — 40-5-10) › Section 40-5-10 - Driver education training courses

(a)
The department shall establish standards for approval of curriculum for a driver education training course, provided that such course shall be designed to educate young drivers about safe driving practices and the traffic laws of this state and to train young drivers in the safe operation of motor vehicles.
(b)
The department shall provide for the approval of similar courses from other states to satisfy the requirements of this chapter relating to driver education training courses for any child moving into this state within nine months of his or her sixteenth birthday when the child's parent is in the active military service of the United States.
(c)
Driver education training courses may be offered:
(1)
By the department, a driver training school, a public or private high school, or a home education instructor; and
(2)
Through in-person instruction, online courses, or remote participation platforms provided by in-person instruction providers.
(d)
The department shall promulgate rules and regulations to implement the provisions of this Code section.
Added by 2021 Ga. Laws 196,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 2 - ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES (§§ 40-5-20 — 40-5-39) › Section 40-5-21.2 - Compliance with Systematic Alien Verification for Entitlements Program; application; implementation

(a)
As used in this Code section, the term
'SAVE Program' means the Systematic Alien Verification for Entitlements (SAVE) Program established by the United States Bureau of Citizenship and Immigration Services.
(b)
The department shall utilize the following procedures in this subsection before issuing an identification card, license, permit, or other official document to an applicant who is a noncitizen:
(1)
The department shall attempt to confirm through the SAVE Program that the applicant is lawfully present in the United States; and
(2)
If the SAVE Program does not provide sufficient information to the department to make a determination, the department shall be authorized to accept verbal or email confirmation of the legal status of the applicant from the Department of Homeland Security.
(c)
This Code section shall not apply to instances when a federal law mandates acceptance of a document.
(d)
Subsection (b) of this Code section shall become effective upon the department's full implementation of the SAVE Program but not later than January 1, 2008.
Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024.
Amended by 2010 Ga. Laws 633,§ 3, eff. 7/1/2010.
Amended by 2008 Ga. Laws 787,§ 4, eff. 1/1/2009.
Added by 2007 Ga. Laws 11,§ 3, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 2 - ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES (§§ 40-5-20 — 40-5-39) › Section 40-5-22.1 - Reinstatement of license of child under 16 years convicted of driving under influence of alcohol or drugs

Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver's license or instruction permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court and pays a reinstatement fee to the department. The reinstatement fee for a first such conviction shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second such conviction shall be $310.00 or $300.00 if paid by mail. The reinstatement fee for a third or subsequent such conviction shall be $410.00 or $400.00 if paid by mail. The court shall notify the department of its order delaying the issuance of such child's license within 15 days of the date of such order. The department shall not issue a driver's license or instruction permit to any person contrary to a court order issued pursuant to this Code section.
Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024.
Amended by 2016 Ga. Laws 460,§ 4-2, eff. 7/1/2016.
Amended by 2009 Ga. Laws 135,§ 1, eff. 7/1/2009.
Amended by 2005 Ga. Laws 68,§ 17-5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 2 - ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES (§§ 40-5-20 — 40-5-39) › Section 40-5-28.1 - Use of social security numbers

No license or permit issued or renewed on or after January 1, 2007, pursuant to this article shall contain the social security number of the licensee or permit holder.
Amended by 2006 Ga. Laws 590,§ 3, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 2 - ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES (§§ 40-5-20 — 40-5-39) › Section 40-5-29 - License to be carried and exhibited on demand

(a)
Every licensee shall have his or her driver's license in his or her immediate possession at all times when operating a motor vehicle. Any person who has a receipt issued by the department reflecting issuance, renewal, replacement, or reinstatement of his or her driver's license in his or her immediate possession shall be considered to have such license in his or her immediate possession if such is confirmed to be valid by the department or through the Georgia Crime Information Center. The department may establish by rule and regulation the term of such receipt. Notwithstanding the foregoing, no receipt issued by the department shall be accepted as proof of such person's identity for any other purpose, including but not limited to proof of voter identification or proof of age for purposes of purchasing alcoholic beverages.
(b)
(1)
Every licensee shall display his or her license upon the demand of a law enforcement officer. When records of the department indicate that a license has been issued in an electronic format, a law enforcement officer may demand such display be made by physical format. In such instances, if a law enforcement officer demands display of the physical format, the licensee shall not be compelled to display an electronic format of his or her license nor release his or her wireless telecommunications device to the officer. A refusal to comply with such demand not only shall constitute a violation of this subsection but shall also give rise to a presumption of a violation of subsection (a) of this Code section and of Code Section
40-5-20
.
(2)
Any person utilizing a wireless telecommunications device to display his or her license in electronic format in order to comply with subsection (a) of this Code section shall not be considered to have consented to a search of such device by a law enforcement officer.
(3)
For purposes of this subsection, the term "wireless telecommunications device" shall have the same meaning as provided in Code Section
40-6-241
.
(c)
A person convicted of a violation of subsection (a) of this Code section shall be fined no more than $10.00 if he or she produces in court a license theretofore issued to him or her and valid at the time of his or her arrest.
Amended by 2020 Ga. Laws 468,§ 3-3, eff. 6/30/2020.
Amended by 2014 Ga. Laws 624,§ 2-2, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 2 - ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES (§§ 40-5-20 — 40-5-39) › Section 40-5-30 - Restricted licenses

(a)
Upon issuing a driver's license, the department shall have authority, whenever good cause appears, to impose restrictions suitable to the licensee's driving ability with respect to special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee. The commissioner may promulgate such rules and regulations as are necessary to implement this Code section.
(b)
The department may either issue a special restricted license or set forth such restrictions upon the usual license form.
(c)
No person shall operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him or her; provided, however, that at the time of the hearing on such offense, if such person was charged with driving in violation of a restriction requiring that he or she wear eyeglasses or contact lenses, such person shall not be guilty of such offense if he or she presents the trial court with admissible medical or other evidence sufficient to demonstrate to the satisfaction of the trial court that he or she no longer suffers from the vision condition that resulted in the imposition of such restriction.
(d)
Upon a person being convicted of a violation of this Code section, the court may order the department to suspend such person's license for a period not to exceed six months. The court shall determine the length of such suspension and shall report such suspension and the length thereof to the department. The department shall reinstate the license at the end of the suspension period upon receipt of a reinstatement fee of $210.00 or $200.00 if paid by mail.
Amended by 2010 Ga. Laws 625,§ 1, eff. 7/1/2010.
Amended by 2010 Ga. Laws 623,§ 1, eff. 7/1/2010.
Amended by 2009 Ga. Laws 135,§ 2, eff. 7/1/2009.
Amended by 2006 Ga. Laws 590,§ 4, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 2 - ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES (§§ 40-5-20 — 40-5-39) › Section 40-5-31 - Replacement permits or licenses

(a)
In the event that an instruction permit or a driver's license issued under this chapter is lost or destroyed, the person to whom the same was issued may upon payment of the required fee and upon furnishing proof satisfactory to the department that such permit has been lost or destroyed:
(1)
Obtain a new permit or license; or
(2)
Obtain a replacement permit or license.
A new permit obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section
40-5-24
. A new license obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section
40-5-32
. A replacement permit or license obtained under this Code section shall be issued only for the remaining period for which the original permit or license was issued for a fee of $10.00, and no examination or eyesight test shall be required to obtain such replacement permit.
(b)
The department shall issue a temporary permit or driver's license to each individual who has lost by misplacement, and not by revocation or suspension, his or her instruction permit or driver's license and who has made application under oath on a form furnished by the department which states that the applicant presently has a valid permit or license which has been lost or misplaced. In lieu of the applicant's signature on a form, any application for the issuance of a replacement permit or license submitted electronically shall contain an acknowledgment and attestation under penalty of perjury that he or she meets each requirement of this Code section.
(c)
A temporary permit or license issued pursuant to this Code section shall be valid for 30 days but may be renewed in the event the applicant's new permit or license has not been received within such time.
(d)
Any person who falsely swears or falsely makes the oath provided for in subsection (b) of this Code section shall be guilty of a misdemeanor.
Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024.
Amended by 2022 Ga. Laws 738,§ 1, eff. 7/1/2022.
Amended by 2005 Ga. Laws 68,§ 17-9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 2 - ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES (§§ 40-5-20 — 40-5-39) › Section 40-5-33 - Change of address or name

Whenever any person, after applying for or receiving a driver's license, shall move from the address named in such application or in the license issued to him or her or when the name of a licensee is changed by marriage or otherwise, such person shall apply to the department for a license showing the correct name or address within 60 days. Failure to change the name or address shall not deem the license invalid. The commissioner may determine the locations at which applications shall be accepted for applications due to change of name or address. Without limiting the generality of the foregoing, it is specifically provided that the commissioner may designate county tag agents, if they so agree, as agents of the department for this purpose.
Amended by 2005 Ga. Laws 68,§ 17-11, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 2 - ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES (§§ 40-5-20 — 40-5-39) › Section 40-5-34 - Driver License Advisory Board

(a)
The commissioner is authorized to appoint a Driver License Advisory Board.
(b)
The Driver License Advisory Board shall advise the commissioner on medical criteria and vision standards relating to the licensing of drivers under this chapter.
(c)
If the department has cause to believe that a licensed driver or applicant may not be physically or mentally qualified to be licensed, it may obtain the advice of the Driver License Advisory Board. The Driver License Advisory Board may formulate its advice from records and reports or may cause an examination and report to be made by one or more members of the Driver License Advisory Board or any other qualified person it may designate. The licensed driver or applicant may cause a written report to be forwarded to the Driver License Advisory Board by a person of his choice who is licensed under Chapter 30 of Title 43 and Article 2 of Chapter 34 of Title 43 to diagnose and treat disorders of humans. Such report shall be given due consideration by the Driver License Advisory Board.
(d)
Members of the Driver License Advisory Board and other persons making examinations shall not be held liable for their opinions and recommendations presented pursuant to subsection (c) of this Code section.
(e)
Reports received or made by the Driver License Advisory Board or its members for the purpose of assisting the department in determining whether a person is qualified to be licensed are for the confidential use of the Driver License Advisory Board or the department and may not be divulged to any person or used as evidence in any trial except that the reports may be admitted in proceedings under subsection (c) of Code Section
40-5-59
and Code Section
40-5-66
, and any person conducting an examination pursuant to subsection (c) of this Code section may be compelled to testify concerning his observations and findings in such proceedings.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 2 - ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES (§§ 40-5-20 — 40-5-39) › Section 40-5-37 - Expiration of active duty service members' licenses

(a)
As used in this Code section, the term "service member" means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard who is on ordered federal duty for a period of 90 days or longer.
(b)
Any service member whose Georgia driver's license expired while such service member was serving on active duty outside the state shall be permitted to operate a motor vehicle in accordance with such expired license and shall not be charged with a violation of Code Section
40-5-20
for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. The service member must present to the department either a copy of the official military orders or a written verification signed by the service member's commanding officer to waive charges.
Added by 2005 Ga. Laws 48,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 2 - ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES (§§ 40-5-20 — 40-5-39) › Section 40-5-38 - Notation of post traumatic stress disorder

(a)
Members of the armed services and veterans who have been diagnosed with post-traumatic stress disorder may request to have a notation of such diagnosis placed on his or her driver's license. Such applicant shall present the department with a sworn statement from a person licensed to practice medicine or psychology in this state verifying such diagnosis.
(b)
The commissioner shall by rules and regulations establish procedures necessary to carry out the provisions of this Code section including, without limitation, application forms to include a waiver of liability for the release of any medical information and an appropriate symbol to be placed on the drivers' licenses.
Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024.
Added by 2010 Ga. Laws 649,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES (§§ 40-5-50 — 40-5-74) › Section 40-5-50 - Authority of department to cancel license or identification card

The department is authorized to cancel any driver's license or identification card issued by the department pursuant to Code Section
40-5-100
upon determining that the holder of such license or identification card was not entitled to the issuance thereof under this chapter or failed to give the required or correct information in the application for such license or identification card.
Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES (§§ 40-5-50 — 40-5-74) › Section 40-5-51 - Suspension of driving privilege of nonresident; reporting convictions, suspensions, and revocations of nonresidents

(a)
The privilege of driving a motor vehicle on the highways of this state given to a nonresident under this chapter shall be subject to suspension or revocation by the department only when suspension or revocation is required by law for the violation. No points shall be assessed as provided in Code Section
40-5-57
for any violation committed by a nonresident.
(b)
The department is required, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.
(c)
When a nonresident's operating privilege is suspended or revoked, the department shall forward a certified copy of the record of such action to the motor vehicle administrator in the state wherein such person resides.
Amended by 2004 Ga. Laws 582, § 6, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES (§§ 40-5-50 — 40-5-74) › Section 40-5-52 - Suspension of license or operating privilege for conduct in another state

(a)
The department shall suspend, as provided in Code Section
40-5-63
, the license of any resident of this state and may suspend a nonresident's operating privilege, upon receiving notice of a conviction in another state of an offense described in Code Section
40-5-54
or Code Section
40-6-391
or any drug related offense.
(b)
The department is authorized to suspend or revoke the license of any resident or the operating privilege of any nonresident upon receiving notice of the conviction of such person in another state of an offense other than those described in Code Section
40-5-54
or Code Section
40-6-391
which, if committed in this state, would be grounds for the suspension or revocation of a driver's license.
(c)
The department may give such effect to the conduct of a resident in another state as is provided by the laws of this state had such conduct occurred in this state.
(d)
Whenever the department has suspended the license of a Georgia resident or refused to issue a driver's license to any person for conduct that occurred in another state, it shall review the suspension at least once every five years and shall reinstate the license if the department determines that the suspension is no longer warranted and the person would otherwise be eligible for a license.
Amended by 2010 Ga. Laws 633,§ 4, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES (§§ 40-5-50 — 40-5-74) › Section 40-5-54 - Mandatory suspension of license; notice of suspension

(a)
The department shall forthwith suspend, as provided in Code Section
40-5-63
, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title:
(1)
Homicide by vehicle, as defined by Code Section
40-6-393
;
(2)
Any felony in the commission of which a motor vehicle is used;
(3)
Hit and run or leaving the scene of an accident in violation of Code Section
40-6-270
;
(4)
Racing on highways and streets;
(5)
Using a motor vehicle in fleeing or attempting to elude an officer; or
(6)
Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section
40-6-15
.
(b)
All judges of all courts having jurisdiction of the offenses set forth in subsection (a) of this Code section shall, at the time of sentencing, give notice to the defendant on forms prescribed by the department of the suspension of the defendant's driver's license. The period of suspension shall be determined by the department for the term authorized by law. The court shall forward the notice of suspension and the defendant's driver's license to the department within ten days from the date of conviction. The department shall notify the defendant of the period of suspension at the address provided by the defendant.
Amended by 2015 Ga. Laws 21,§ 4-13, eff. 7/1/2015.
Amended by 2011 Ga. Laws 89,§ 4, eff. 1/1/2012.
Amended by 2004 Ga. Laws 582, § 7, eff. 7/1/2004.
Amended by 2002 Ga. Laws 881, § 4, eff. 11/1/2002
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES (§§ 40-5-50 — 40-5-74) › Section 40-5-54.1 - Denial or suspension of license for noncompliance with child support order

(a)
As used in this Code section, the term:
(1)
"Agency" means the agency within the Department of Human Services which is responsible for enforcing orders for child support pursuant to this article.
(2)
"Certificate of mailing" means a delivery method utilized by the United States Postal Service which provides evidence that an item has been sent and the date such item was accepted.
(3)
"Compliance with an order for child support" means, as set forth in a court order, administrative order, or contempt order for child support, the obligor is not more than 60 calendar days in arrears in making payments in full for current support, periodic payments on a support arrearage, or periodic payments on a reimbursement for public assistance.
(4)
"Proof of compliance" means the notice of release issued by the agency or court of competent jurisdiction stating that the delinquent obligor is in compliance with an order for child support.
(b)
The department shall suspend, as provided in Code Sections
19-6-28.1
and
19-11-9.3
, the license of any driver upon receiving a record from the agency or a court of competent jurisdiction stating that such driver is not in compliance with an order for child support. The department shall send notice of any suspension imposed pursuant to this Code section via certified mail or certificate of mailing to the address reflected on its records as the driver's mailing address. The mailing of such notice by the department shall be deemed conclusively to be notice to such driver of the suspension of his or her driver's license and shall be deemed to satisfy all notice requirements of law, and no further notice to the driver shall be required for the suspensions provided for in this Code section.
(c)
The suspension or denial of an application for issuance or renewal of a license shall be for an indefinite period and until such person shall provide proof of compliance with an order for child support. Such person's license shall be reinstated if the person submits proof of compliance with an order for child support from the agency or court of competent jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail for the return of his or her license.
(d)
Any person who receives notice from the agency that his or her license is subject to denial or suspension may request a hearing and appeal as provided for in Code Section
19-6-28.1
or
19-11-9.3
. Notwithstanding any provisions of law to the contrary, the hearings and appeal procedures provided for in such Code sections shall be the only such procedures required for purposes of this Code section.
Amended by 2020 Ga. Laws 468,§ 1-2, eff. 6/30/2020.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
Amended by 2008 Ga. Laws 434,§ 4, eff. 1/1/2009.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES (§§ 40-5-50 — 40-5-74) › Section 40-5-55 - Implied consent to chemical tests

(a)
The State of Georgia considers that any person who drives or is in actual physical control of any moving vehicle in violation of any provision of Code Section
40-6-391
constitutes a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section
40-6-392
, to a chemical test or tests of his or her blood, breath, urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section
40-6-391
or if such person is involved in any traffic accident resulting in serious injuries or fatalities. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section
40-6-391
. The test or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities. Subject to Code Section
40-6-392
, the requesting law enforcement officer shall designate which of the test or tests shall be administered, provided a blood test with drug screen may be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities.
(b)
Any person who is dead, unconscious, or otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Code section, and the test or tests may be administered, subject to Code Section
40-6-392
.
(c)
As used in this Code section, the term "traffic accident resulting in serious injuries or fatalities" means any motor vehicle accident in which a person was killed or in which one or more persons suffered a fractured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness.
Amended by 2001 Ga. Laws 161, § 1-1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES (§§ 40-5-50 — 40-5-74) › Section 40-5-56 - Suspension of license or driving privilege for failure to respond to citation; reinstatement of license

(a)
Notwithstanding any other provisions of this chapter or any other law to the contrary and unless otherwise ordered by the court, the department shall suspend the driver's license or privilege to operate a motor vehicle in this state of any person who has failed to respond to a citation to appear before a court of competent jurisdiction in this state or in any other state for a traffic violation other than a parking violation. The department shall include language in the uniform traffic citation stating that failure to appear and respond to such citation may result in the suspension of the violator's driver's license or nonresident driving privilege. The language reflected on a uniform traffic citation issued in this state shall be sufficient notice of said suspension to support a conviction for a violation of Code Section
40-5-121
if such person drives subsequent to the imposition of such a suspension following his or her failure to appear; provided, however, that the department shall send notice of any suspension imposed pursuant to this Code section via certified mail or certificate of mailing to the address reflected on its records as the person's mailing address. For purposes of this subsection, the term 'certificate of mailing' means a delivery method utilized by the United States Postal Service which provides evidence that an item has been sent and the date such item was accepted.
(b)
The suspension provided for in this Code section shall be for an indefinite period until such person has scheduled a new date to appear before the court pursuant to subsection (b) of Code Section
17-6-11
; has made an appearance in court through hearing, arraignment, or waiver of arraignment and entry of a plea; the charge against the accused has been finally adjudicated; or the court otherwise orders such person's driver's license be reinstated. Such person's license shall be reinstated when the department receives proof of payment of any fines and penalties, an order of reinstatement by the court and payment of the applicable restoration fee of $100.00 or $90.00 when such reinstatement is processed by mail to the department, unless such fee is waived by the court or otherwise as provided by law. Such suspension shall be in addition to any other suspension or revocation provided for in this chapter.
Amended by 2024 Ga. Laws 550,§ 7, eff. 5/2/2024.
Amended by 2022 Ga. Laws 868,§ 4, eff. 7/1/2022.
Amended by 2020 Ga. Laws 468,§ 1-3, eff. 6/30/2020.
Amended by 2010 Ga. Laws 633,§ 12, eff. 7/1/2010.
Amended by 2009 Ga. Laws 135,§ 3, eff. 7/1/2009.
Amended by 2008 Ga. Laws 434,§ 5, eff. 1/1/2009.
Amended by 2006 Ga. Laws 590,§ 6, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES (§§ 40-5-50 — 40-5-74) › Section 40-5-57.3 - Penalty for multiple convictions of causing serious injury due to right of way violations

(a)
The driver's license of any person who is convicted for a second or subsequent offense of violating Code Section
40-6-77
within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall be suspended for 30 days. The person shall submit his or her driver's license to the court upon conviction and the court shall forward the driver's license to the department.
(b)
After the suspension period and the person pays a restoration fee of $60.00 or, when processed by mail, $50.00, the suspension shall terminate and the department shall return the person's driver's license to such person.
Added by 2009 Ga. Laws 22,§ 2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES (§§ 40-5-50 — 40-5-74) › Section 40-5-59 - Reexamination of drivers believed to be incompetent or unqualified

(a)
The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, shall require him to submit to an examination at the nearest license examining facility within ten days of receipt of written notice from the department. Upon the conclusion of such examination, the department shall take action as may be appropriate and may revoke the license of such person or permit him to retain such license or may issue a license subject to restrictions as permitted under Code Section
40-5-30
or restrictions as to the type or class of vehicles that may be driven. Refusal or neglect of the licensee to submit to such examination shall be grounds for revocation of his license.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, the department is authorized to revoke the license of a driver without a preliminary examination or hearing upon a recommendation by a court or prosecutor or upon a showing by the records of the department that the licensee is incapacitated by reason of disease, mental or physical disability, or addiction to alcohol or drugs to the extent that such person is incompetent to operate a motor vehicle.
(c)
Any person whose license is revoked pursuant to subsection (b) of this Code section thereafter shall be entitled to a hearing before the department upon receipt by the department of a written request therefor. Such hearing shall be held within 30 days of the receipt of such request. The person may request an opinion of the Driver License Advisory Board as provided for in subsection (c) of Code Section
40-5-34
. The department may not grant any exceptions to any regulations issued pursuant to subsection (a) of Code Section
40-5-35
. The scope of the hearing shall be to determine if the driver is competent to drive a motor vehicle. The hearing shall be informal and appeal shall be as provided for in Code Section
40-5-66
.
(d)
The reports required by this Code section shall be confidential and shall be used solely for the purpose of determining the qualifications of any person to drive a motor vehicle on the highways of this state. No civil or criminal action may be brought against any person or agency for providing the information to the department for the purposes of this Code section. The reports, or any reference to the reports, shall not be included in any abstract prepared pursuant to Code Section
40-5-2
.
Amended by 2006 Ga. Laws 590,§ 8, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES (§§ 40-5-50 — 40-5-74) › Section 40-5-60 - When revocation or suspension effective; notice

(a)
All revocations and suspensions provided for in this chapter shall be effective on the day the driver receives actual knowledge or legal notice thereof, whichever occurs first. Notice of suspension by operation of law shall be considered legal notice. Any license suspension or revocation mandated in this chapter following a person's conviction for any offense, including suspensions due to the accumulation of points pursuant to Code Section
40-5-57
, shall be by operation of law.
(b)
Notwithstanding any other provision of this chapter to the contrary, for any suspension or revocation for which the department is required to send notice to the driver, the department shall be authorized to direct such notice to the driver's new address as reflected in the records of the United States Postal Service in lieu of or in addition to sending such notice to the address reflected in his or her driving record.
Amended by 2011 Ga. Laws 89,§ 6, eff. 1/1/2012.
Amended by 2008 Ga. Laws 434,§ 6, eff. 1/1/2009.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES (§§ 40-5-50 — 40-5-74) › Section 40-5-61 - Surrender and return of license; time served under such sentence credited toward fulfillment of period of revocation or suspension

(a)
The department, upon canceling, suspending, or revoking a license, shall require that such license shall be surrendered to the department and be processed in accordance with the rules and regulations of the department.
(b)
Any person whose license has been canceled, suspended, or revoked shall immediately return his license to the department.
(c)
It shall be unlawful to refuse to deliver upon a legal demand any driver's license which has been canceled, suspended, or revoked.
(d)
Except as provided in Code Section
40-5-62
, when the revocation period expires, the department shall reinstate the license to the driver within 30 days.
(e)
(1)
For the purpose of making any determination under this Code section relating to the return of revoked or suspended licenses to drivers, the period of revocation or suspension shall begin on the date the license is surrendered to the department or a court of competent jurisdiction under any provision of this chapter or on the date that the department processes the citation or conviction, whichever date shall first occur.
(2)
If the license is lost, or for any other reason surrender to the department is impossible, the period of revocation or suspension may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit by the department shall be controlling.
(3)
Notwithstanding paragraphs (1) and (2) of this subsection, a period of revocation or suspension may begin on the date a person is sentenced for an offense that also results in the revocation or suspension of his or her driver's license or driving privileges.
(f)
When a person serving a sentence has his or her driver's license or driving privileges concurrently revoked or suspended with the imposition of his or her sentence, the department shall credit the time served under such sentence toward the fulfillment of the period of revocation or suspension.
Amended by 2016 Ga. Laws 460,§ 4-3, eff. 7/1/2016.
Amended by 2004 Ga. Laws 521, § 4, eff. 7/1/2004.