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 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES (§§ 40-5-50 — 40-5-74) › Section 40-5-62 - Periods of revocation; time served under such sentence credited toward fulfillment of period of revocation; conditions to restoration of license or issuance of new license

(a)
Unless the revocation was for a cause which has been removed, any person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be eligible to apply for a new license nor restoration of his or her nonresident's operating privilege until the earlier of:
(1)
Five years from the date on which the revoked license was surrendered to and received by the department pursuant to a person's having been declared a habitual violator under Code Section
40-5-58
;
(2)
Five years from the date on which a person is sentenced for the offense that resulted in his or her driver's license or driving privileges being revoked;
(3)
Five years from the date on which the department processed the citation or conviction, reduced by a period of time equal to that period of time which elapses between the date the person surrenders his or her driver's license to the court after conviction for the offense for which the person is declared a habitual violator and the date the department receives such license from the court; or
(4)
Such time as any cause for revocation under subsection (b) of Code Section
40-5-59
has been removed.
(b)
When a person serving a sentence has his or her driver's license or driving privileges concurrently revoked 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.
(c)
The department shall not issue a new license nor restore a person's suspended license or nonresident's operating privilege unless and until it is satisfied after investigation of the character, habits, and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. Notwithstanding subsection (a) of this Code section or any other provision of this title, the department shall not issue a new license to any person whose license was revoked as a habitual violator for three violations of Code Section
40-6-391
within a five-year period unless and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The department may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to Code Section
40-5-58
, the department shall charge a fee of $410.00 or $400.00 if processed by mail in addition to the fee prescribed by Code Section
40-5-25
to issue a new driver's license to a person whose driver's license has been revoked.
Amended by 2016 Ga. Laws 460,§ 4-4, eff. 7/1/2016.
Amended by 2014 Ga. Laws 624,§ 1-11, eff. 7/1/2014.
Amended by 2009 Ga. Laws 135,§ 5, eff. 7/1/2009.
Amended by 2004 Ga. Laws 521, § 5, 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 40-5-63.1 - Clinical evaluation and substance abuse treatment programs for certain offenders

In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section
40-5-57.1
,
40-5-58
,
40-5-62
, or
40-5-63
, any person with two or more convictions for violating Code Section
40-6-391
within ten years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be required to undergo a clinical evaluation and, if recommended as a part of such evaluation, shall complete a substance abuse treatment program prior to such license reinstatement, issuance, or restoration; provided, however, that such evaluation and treatment shall be at such person's expense except as otherwise provided by Code Section
37-7-120
. Acceptable proof of completion of such a program shall be submitted to the department prior to license reinstatement, issuance, or restoration. For purposes of this Code section, a plea of nolo contendere to a charge of violating Code Section
40-6-391
and all prior accepted pleas of nolo contendere within ten years, 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 plea of nolo contendere is accepted, shall be considered and counted as convictions.
Amended by 2012 Ga. Laws 579,§; 4, eff. 1/1/2013.
Amended by 2008 Ga. Laws 544,§; 1, 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 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES (§§ 40-5-50 — 40-5-74) › Section 40-5-64.2 - [Repealed] Report on issuance of optional ignition interlock device limited driving permits

Added by 2016 Ga. Laws 408,§ 1-2, 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 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES (§§ 40-5-50 — 40-5-74) › Section 40-5-65 - Restriction as to operation under foreign license during period of revocation or suspension

Any resident or nonresident whose driver's license or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this chapter shall not operate a motor vehicle in this state under a license or permit issued by any other jurisdiction or otherwise during such suspension or after such revocation until the license is restored when and as permitted under this chapter.
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 40-5-66 - Appeals from decisions of department

(a)
Except as provided in subsection (h) of Code Section
40-5-67.1
, subsection (h) of Code Section
40-5-64
, and subsection (g) of Code Section
40-5-64.1
, any decision rendered by the department shall be final unless the aggrieved person shall desire an appeal. In such case, such person shall have the right to enter an appeal in the superior court of the county of his or her residence or in the Superior Court of Fulton County. Such appeal shall name the commissioner as defendant and must be filed within 30 days from the date the department enters its decision or order. The person filing the appeal shall not be required to post any bond nor to pay the costs in advance.
(b)
If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department. No person shall be allowed to operate any vehicle in violation of any suspension or revocation by the department while any such appeal is pending.
Amended by 2017 Ga. Laws 275,§ 40, eff. 7/1/2017.
Amended by 2016 Ga. Laws 408,§ 2-4, 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 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES (§§ 40-5-50 — 40-5-74) › Section 40-5-69 - Circumstances not affecting suspensions by operation of law

If a person's driver's license is suspended by operation of law as provided in Code Section
40-5-63
,
40-5-67.1
, or
40-5-67.2
, the fact that the person's driver's license was not physically surrendered to the law enforcement officer at the time the person was charged with violating Code Section
40-6-391
or that the person's driver's license was not retained by the court and forwarded to the department as provided in Code Section
40-5-67
or that the person's driver's license was not forwarded as provided in Code Section
40-5-72
shall not affect such suspension.
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 40-5-71 - [Repealed] Notice of insurance issuance, renewal, or termination; lapse fee; suspension of license following insurance termination; restricted driving permits

Repealed by 2010 Ga. Laws 381,§ 8, eff. 7/1/2010.
Amended by 2002 Ga. Laws 881, § 5, 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 40-5-72 - [Reserved] Forwarding of license, tag, and tag registration to department; notice; penalty

(a)
It is the duty of any person who has his or her driver's license and, where applicable, license tag and tag registration suspended under the provisions of Code Section
40-5-70
or
40-2-137
immediately upon suspension and demand of the department to forward such items to the department.
(b)
If such driver's license and, where applicable, license tag and tag registration are not received by the department within ten days following the effective date of suspension, the commissioner shall immediately direct any peace officer to secure possession of the driver's license and, where applicable, license tag and tag registration and return the same to the department. The person whose driver's license and, where applicable, license tag and tag registration have been suspended shall surrender such items to any peace officer upon demand.
(c)
Unless otherwise provided in this Code section, notice of the effective date of suspension shall occur when the driver receives actual knowledge or legal notice of the suspension, whichever occurs first. For the purposes of making any determination relating to the return of a suspended motor vehicle driver's license and, where applicable, license tag and tag registration, a period of suspension under Code Section
40-5-70
or
40-2-137
or this Code section shall begin upon the date of conviction adjudicated by the court having jurisdiction.
(d)
Any person violating subsection (a) or (b) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 30 days.
Repealed and Reserved by 2010 Ga. Laws 381,§ 8, 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 40-5-73 - Limited applicability

The provisions of Code Sections
40-5-70
,
40-6-10
, and
40-6-11
shall not be applicable to persons operating vehicles which are not required to be registered or licensed in this state.
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 40-5-74 - Defacement or alteration of seized license prohibited

Whenever a person is charged with a violation of the law relating to the operation of motor vehicles resulting in the person's driver's license being seized by a law enforcement officer and forwarded to the court having jurisdiction of the offense or whenever a person is convicted of any offense resulting in the person's driver's license being suspended and forwarded to the department, such driver's license shall not be stapled to any document or in any manner defaced or altered so as to indicate at any time in the future such previous seizure and processing of the license.
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 4 - RESTORATION OF LICENSES TO PERSONS COMPLETING DEFENSIVE DRIVING COURSE OR ALCOHOL OR DRUG PROGRAM (§§ 40-5-80 — 40-5-88) › Section 40-5-80 - Purpose of article

The purpose of this article, the "Georgia Driver Improvement Act," is to improve and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the Department of Driver Services shall:
(1)
Charge a fee for the consideration of applications for approval of driver improvement clinics and instructors. The amount of this fee shall be established by the commissioner and shall, as best as the commissioner shall determine, approximate the expense incurred by the department in consideration of an application. These licenses and each renewal thereof shall be valid for a period of four years unless suspended or revoked prior to the expiration of that time period; and
(2)
Require, in addition to the criteria established by the commissioner for approval of driver improvement clinics and certification of DUI Alcohol or Drug Use Risk Reduction Programs, as provided in subsections (a) and (e) of Code Section
40-5-83
, respectively, that every driver improvement clinic and DUI Alcohol or Drug Use Risk Reduction Program shall, as a condition of approval or certification, provide a continuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the department and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the commissioner; however, in no event shall the amount of the bond be less than $10,000.00 per location, and a single bond at such rate may be submitted for all locations under the same ownership. If at any time said bond is not valid and in force, the license of the driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program shall be deemed suspended by operation of law until a valid surety company bond is again in force.
Amended by 2014 Ga. Laws 624,§ 1-13, eff. 7/1/2014.
Amended by 2005 Ga. Laws 68,§ 17-17, eff. 7/1/2005.
Amended by 2003 Ga. Laws 353, § 2, eff. 7/1/2003.
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 4 - RESTORATION OF LICENSES TO PERSONS COMPLETING DEFENSIVE DRIVING COURSE OR ALCOHOL OR DRUG PROGRAM (§§ 40-5-80 — 40-5-88) › Section 40-5-84 - Reinstatement of licenses suspended for certain offenses or for points

(a)
Except as otherwise provided, the license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section
40-5-54
shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an approved defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail.
(b)
The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section
40-5-54
shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of a defensive driving course approved by the department and the payment of a restoration fee of $310.00 or $300.00 when such reinstatement is processed by mail.
(c)
The license of any person whose license is suspended for the first time within a five-year period as a result of the assessment of points pursuant to Code Section
40-5-57
shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail.
(d)
The license of any person whose license is suspended for the second time within a five-year period as a result of the assessment of points pursuant to Code Section
40-5-57
shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course and the payment of a restoration fee of $310.00 or $300.00 when such reinstatement is processed by mail.
(e)
The license of any person whose license is suspended for the third or subsequent time within a five-year period as a result of the assessment of points pursuant to Code Section
40-5-57
shall be reinstated by the department upon receipt by the department of a certificate of completion of a defensive driving course approved by the department and the payment of a restoration fee of $410.00 or $400.00 when such reinstatement is processed by mail.
Amended by 2014 Ga. Laws 624,§ 1-17, eff. 7/1/2014.
Amended by 2011 Ga. Laws 89,§ 13, eff. 1/1/2012.
Amended by 2009 Ga. Laws 135,§ 8, eff. 7/1/2009.
Amended by 2003 Ga. Laws 353, § 5, eff. 7/1/2003.
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 4 - RESTORATION OF LICENSES TO PERSONS COMPLETING DEFENSIVE DRIVING COURSE OR ALCOHOL OR DRUG PROGRAM (§§ 40-5-80 — 40-5-88) › Section 40-5-85 - Reinstatement of licenses suspended for driving under influence of alcohol or drugs; red stripe on licenses of repeat offenders

Notwithstanding any other provision of this chapter, any person convicted within five years of his or her first conviction as measured in paragraph (2) of subsection (c) of Code Section
40-6-391
for a second time of the offense of driving under the influence of alcohol or drugs in violation of Code Section
40-6-391
shall, upon compliance with all other requirements for reinstatement of his or her license as provided for in this chapter, be issued a driver's license which may bear a red stripe thereon. After seven years with no additional convictions for driving under the influence of alcohol or drugs any such person shall be issued a regular driver's license without such red stripe provided that he or she is otherwise entitled to such license under the laws of this state.
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 4 - RESTORATION OF LICENSES TO PERSONS COMPLETING DEFENSIVE DRIVING COURSE OR ALCOHOL OR DRUG PROGRAM (§§ 40-5-80 — 40-5-88) › Section 40-5-86 - Reduction of point count upon completion of course

Upon the accumulation of points pursuant to Code Section
40-5-57
, the total number of points accumulated by any driver shall be reduced by seven points, but to not less than zero points, upon the satisfactory completion by such driver of a defensive driving course approved by the department and the submission of a certificate by such driver to the department. The provisions of this Code section shall be available one time only to each driver in any five-year period.
Amended by 2014 Ga. Laws 624,§ 1-18, eff. 7/1/2014.
Amended by 2003 Ga. Laws 353, § 6, eff. 7/1/2003.
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 4 - RESTORATION OF LICENSES TO PERSONS COMPLETING DEFENSIVE DRIVING COURSE OR ALCOHOL OR DRUG PROGRAM (§§ 40-5-80 — 40-5-88) › Section 40-5-87 - Conditions of article exclusive

The requirements and conditions of this article and the rules and regulations adopted pursuant to this article shall be the exclusive requirements for restoration of a license under this article or the issuance of a limited driving permit under this article.
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 4 - RESTORATION OF LICENSES TO PERSONS COMPLETING DEFENSIVE DRIVING COURSE OR ALCOHOL OR DRUG PROGRAM (§§ 40-5-80 — 40-5-88) › Section 40-5-88 - Administrative penalties

(a)
As an alternative to criminal or other civil enforcement, the commissioner of driver services in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued.
(b)
The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner of driver services shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of driver services may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article.
Amended by 2005 Ga. Laws 68,§ 17-21, eff. 7/1/2005.
Amended by 2003 Ga. Laws 353, § 7, eff. 7/1/2003.
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 5 - IDENTIFICATION CARDS FOR PERSONS WITHOUT DRIVERS' LICENSES (§§ 40-5-100 — 40-5-107) › Section 40-5-101 - Rules and regulations

The commissioner shall promulgate rules and regulations under which this article shall be implemented and administered.
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 5 - IDENTIFICATION CARDS FOR PERSONS WITHOUT DRIVERS' LICENSES (§§ 40-5-100 — 40-5-107) › Section 40-5-102 - Applicant to furnish proof of birth date

The department shall require an applicant for an identification card to furnish a birth certificate or other verifiable evidence stating the applicant's birth date.
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 5 - IDENTIFICATION CARDS FOR PERSONS WITHOUT DRIVERS' LICENSES (§§ 40-5-100 — 40-5-107) › Section 40-5-104 - False statement in application

Any person who knowingly makes any false statement in an application for an identification card provided for by this article shall be guilty of a violation of Code Section
16-10-20
.
Amended by 2002 Ga. Laws 750, § 5, eff. 5/2/2002.
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 5 - IDENTIFICATION CARDS FOR PERSONS WITHOUT DRIVERS' LICENSES (§§ 40-5-100 — 40-5-107) › Section 40-5-105 - Application of Code Section 40-5-2

The provisions of Code Section
40-5-2
regarding the maintenance and disclosure of department records shall apply, where relevant, to those records maintained or received by the department in connection with identification cards issued under this article.
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 5 - IDENTIFICATION CARDS FOR PERSONS WITHOUT DRIVERS' LICENSES (§§ 40-5-100 — 40-5-107) › Section 40-5-106 - Impact of display to officer of identification in electronic format

Any person utilizing a wireless telecommunications device as such term is defined in Code Section
40-6-241
to display his or her identification card in electronic format shall not be considered to have consented to a search of such device by a law enforcement officer.
Added by 2020 Ga. Laws 468,§ 3-5, eff. 6/30/2020.
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 5 - IDENTIFICATION CARDS FOR PERSONS WITHOUT DRIVERS' LICENSES (§§ 40-5-100 — 40-5-107) › Section 40-5-107 - Identification cards upon release from confinement

(a)
The department, in coordination with the Department of Corrections, may issue an identification card to any resident of this state lacking an identification card upon the completion of a term of incarceration in any prison or detention facility of this state or its departments or agencies and upon submission of the documentation required by Code Section
40-5-100
.
(b)
The Department of Corrections may provide to the department copies of any documentation in its possession required for issuance of an identification card pursuant to Code Section
40-5-100
. The Department of Corrections may provide an incarcerated person with information on the documentation required to obtain an identification card pursuant to Code Section
40-5-100
and may assist such person in making requests for official copies of such required documentation.
Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024.
Added by 2023 Ga. Laws 268,§ 1, eff. 7/1/2023.
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 6 - MISCELLANEOUS OFFENSES AND JURISDICTION OF OFFENSES (§§ 40-5-120 — 40-5-125) › Section 40-5-120 - Unlawful use of license or identification card; penalties for violations of chapter generally

It is a misdemeanor for any person to:
(1)
Display or cause or permit to be displayed or have in his or her possession any canceled, revoked, or suspended driver's license or identification card issued pursuant to Code Section
40-5-100
;
(2)
Fail or refuse to surrender to the department upon lawful demand any driver's license or identification card issued pursuant to Code Section
40-5-100
which has been suspended, revoked, disqualified, or canceled;
(3)
Permit any unlawful use of a driver's license or identification card issued pursuant to Code Section
40-5-100
issued to such person;
(4)
Do any act forbidden or fail to perform any act required by this chapter for which a criminal sanction is not provided elsewhere in this chapter; or
(5)
Scan another person's driver's license, permit, or identification card without the person's prior knowledge and consent. If a person consents to the scanning of his or her driver's license, permit, or identification card, the information collected may be stored and used for any legitimate purpose. Each unlawful act of storage, disclosure, or usage in violation of this paragraph shall be considered a separate violation of this Code section. This prohibition shall not apply to law enforcement officers or any governmental entity that scans a driver's license, permit, or identification card to verify the contents thereof or to gather information for use for any governmental purpose.
Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024.
Amended by 2010 Ga. Laws 633,§ 20, 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 6 - MISCELLANEOUS OFFENSES AND JURISDICTION OF OFFENSES (§§ 40-5-120 — 40-5-125) › Section 40-5-122 - Permitting unlicensed person to drive

No person shall knowingly authorize or permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized under this chapter or who is not licensed for the type or class of vehicles to be driven or in violation of any of the provisions of this chapter.
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 6 - MISCELLANEOUS OFFENSES AND JURISDICTION OF OFFENSES (§§ 40-5-120 — 40-5-125) › Section 40-5-123 - Permitting unauthorized minor to drive

No person shall cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when such minor is not authorized under this chapter or in violation of any of the provisions of this chapter. This Code section shall not apply to any vehicle not required to be registered by the laws of this state.
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 6 - MISCELLANEOUS OFFENSES AND JURISDICTION OF OFFENSES (§§ 40-5-120 — 40-5-125) › Section 40-5-124 - Jurisdiction of offenses

(a)
Any person charged with an offense under this chapter may be tried in any municipal court of any municipality if the offense occurred within the corporate limits of such municipality. Such courts are granted the jurisdiction to try and dispose of such cases. The jurisdiction of such courts shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. Any fines and bond forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality. Any person charged with an offense under this chapter shall be entitled to request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred.
(b)
Nothing in this Code section shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
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 6 - MISCELLANEOUS OFFENSES AND JURISDICTION OF OFFENSES (§§ 40-5-120 — 40-5-125) › Section 40-5-125 - Fraudulent driver's license or identification card; false statements or commission of fraud in applications; criminal violation

(a)
It is a misdemeanor for any person to:
(1)
Lend his or her driver's license or identification card to any other person or permit knowingly the use thereof by another person; or
(2)
Display or represent as his or her own any driver's license or identification card not issued to him or her.
(b)
Any person who uses a false or fictitious name or gives a false or fictitious address in an application for a driver's license provided for by this chapter shall be guilty of a violation of Code Section
16-10-20
.
(c)
Any person who knowingly makes any false statement, conceals a material fact, or otherwise commits a fraud during the driver's license examination for a driver's license, including a commercial driver's license or commercial driver's instruction permit, shall be guilty of a violation of Code Section
16-10-20
.
Amended by 2015 Ga. Laws 240,§ 1, eff. 5/12/2015.
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 7 - COMMERCIAL DRIVERS' LICENSES (§§ 40-5-140 — 40-5-159) › Section 40-5-140 - Short title

This article shall be known and may be cited as the "Uniform Commercial Driver's License Act."
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 7 - COMMERCIAL DRIVERS' LICENSES (§§ 40-5-140 — 40-5-159) › Section 40-5-141 - Purpose and applicability of article; liberal construction

The purpose of this article is to implement the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by permitting commercial drivers to hold only one license; disqualifying commercial drivers who have committed certain criminal or other offenses or serious traffic violations; and strengthening commercial driver licensing and testing standards. This article is a remedial law and shall be liberally construed to promote the public health, safety, and welfare. To the extent that this article conflicts with general driver licensing provisions, this article shall prevail. Where this article is silent, the general driver licensing provisions shall apply.
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 7 - COMMERCIAL DRIVERS' LICENSES (§§ 40-5-140 — 40-5-159) › Section 40-5-143 - Driving commercial motor vehicle with more than one license prohibited

No person who drives a commercial motor vehicle shall have more than one driver's license.
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 7 - COMMERCIAL DRIVERS' LICENSES (§§ 40-5-140 — 40-5-159) › Section 40-5-144 - Notice required of driver when convicted of violating certain laws or when license is suspended, revoked, or canceled; information required of applicant for license

(a)
Any driver of a commercial motor vehicle holding a license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state or any federal, provincial, territorial, or municipal laws of Canada relating to motor vehicle traffic control, other than parking violations, shall notify the department in the manner specified by the department within 30 days of the date of conviction. If the court notifies the department of such conviction, the responsibility of the driver to notify the department shall be waived.
(b)
Any driver of a commercial motor vehicle holding a license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state or any federal, provincial, territorial, or municipal laws of Canada relating to motor vehicle traffic control, other than parking violations, shall notify his or her employer in writing of the conviction within 30 days of the date of conviction.
(c)
Each driver whose driver's license is suspended, revoked, or canceled by any state; who loses the privilege to drive a commercial motor vehicle in any state for any period; or who is disqualified from driving a commercial motor vehicle for any period shall notify his or her employer of that fact before the end of the business day following the day the driver received notice of that fact.
(d)
Each person who applies to be a commercial motor vehicle driver shall, at the time of the application, provide the employer with the following information for the ten years preceding the date of application:
(1)
A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;
(2)
The dates between which the applicant drove for each employer; and
(3)
The reason for leaving that employer.
The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information.
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 7 - COMMERCIAL DRIVERS' LICENSES (§§ 40-5-140 — 40-5-159) › Section 40-5-145 - Duties of employer

(a)
Each employer shall require every commercial motor vehicle driver applicant to provide the information specified in subsection (d) of Code Section
40-5-144
.
(b)
No employer may knowingly allow, require, permit, or authorize a driver to drive a commercial motor vehicle during any period:
(1)
In which the driver has a driver's license suspended, revoked, or canceled by a state; has lost the privilege to drive a commercial motor vehicle in a state; or has been disqualified from driving a commercial motor vehicle;
(2)
In which the driver has more than one driver's license;
(3)
In which the driver, or the commercial motor vehicle that he or she is driving, or the motor carrier operation, is subject to an out of service order; or
(4)
In violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings.
Amended by 2003 Ga. Laws 200, § 4, eff. 10/1/2003.
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 7 - COMMERCIAL DRIVERS' LICENSES (§§ 40-5-140 — 40-5-159) › Section 40-5-146 - Operation of commercial motor vehicle without valid license or driving privilege

(a)
Except when driving under a commercial driver's instruction permit and accompanied by the holder of a commercial driver's license valid for the vehicle being driven, no person may operate a commercial motor vehicle unless the person has been issued and is in immediate possession of a commercial driver's license valid for the vehicle he or she is driving.
(b)
(1)
No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or canceled, or while subject to a disqualification.
(2)
No person may drive a commercial motor vehicle in violation of an out of service order.
Amended by 2006 Ga. Laws 590,§ 14, 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 7 - COMMERCIAL DRIVERS' LICENSES (§§ 40-5-140 — 40-5-159) › Section 40-5-148 - Nonresident license

The department may issue a nonresident commercial driver's license to a resident of a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards of the foreign jurisdiction do not meet the testing standards established in 49 C.F.R. Part 383 . The word "nonresident" must appear on the face of the nonresident commercial driver's license. An applicant must surrender any nonresident commercial driver's license issued by another state. Prior to issuing a nonresident commercial driver's license, the department must establish the practical capability of revoking, suspending, and canceling the nonresident commercial driver's license and disqualifying that person from driving a commercial motor vehicle under the same conditions applicable to the commercial driver's license issued to a resident of this state.
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 7 - COMMERCIAL DRIVERS' LICENSES (§§ 40-5-140 — 40-5-159) › Section 40-5-148.1 - Restricted commercial licenses for persons in agricultural industry

(a)
Pursuant to a waiver of the United States Secretary of Transportation, issued April 17, 1992, the department is authorized to issue Class B or Class C restricted commercial drivers' licenses to certain persons employed in the agricultural industry. Such restricted licenses shall be issued annually but shall not be valid for more than a total of 180 days in a 12 month period.
(b)
A person shall not be required to pass a knowledge or skills test for issuance of a restricted commercial driver's license, except that such person shall possess a valid noncommercial driver's license, have at least one year's driving experience, submit an application for and submit proof of all information required for a commercial driver's license except for the testing requirements, and not be subject to any other disqualification from driving a commercial motor vehicle or be under any suspension or revocation of such person's regular driver's license.
(c)
The holder of a restricted commercial driver's license issued pursuant to this Code section may operate a commercial motor vehicle only within 150 miles of the place of business at which such person is employed and only during such seasonal periods as indicated on such person's restricted driver's license. The holder of a restricted commercial driver's license shall be authorized to transport only the following hazardous materials requiring placarding: diesel fuel in quantities of 1,000 gallons or less; liquid fertilizers in vehicles with total capacities of 3,000 gallons or less, including anhydrous ammonia and other types of liquid fertilizers in vehicles or implements of husbandry with total capacities of 3,000 gallons or less; and solid fertilizers not mixed with any organic substance.
(d)
All holders of restricted commercial drivers' licenses shall be subject to disqualifications and penalties under Code Sections
40-5-151
through
40-5-153
and shall be subject to all notices, verifications, and license checks otherwise required under this article.
(e)
The department shall promulgate rules and regulations as necessary to implement this Code section by September 1, 1993.
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 7 - COMMERCIAL DRIVERS' LICENSES (§§ 40-5-140 — 40-5-159) › Section 40-5-148.2 - Issuance of nonresident commercial drivers' licenses

If an individual is a resident of another state while that other state is prohibited from issuing commercial drivers' licenses pursuant to
49 C.F.R. Section 384.405
, that individual is eligible to obtain a nonresident commercial driver's license. The individual shall provide the information specified in Code Section
40-5-149
. The department shall promulgate rules and regulations as necessary to implement this Code section within 90 days of being notified that a state will be prohibited from issuing commercial drivers' licenses.
Added by 2006 Ga. Laws 590,§ 16, 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 7 - COMMERCIAL DRIVERS' LICENSES (§§ 40-5-140 — 40-5-159) › Section 40-5-148.3 - Submission of medical examiner's certificate; penalty for false submissions

(a)
Any person applying for issuance or renewal of a commercial driver's license shall submit a certification of his or her type of driving and a current medical examiner's certificate to the department as required by 49 C.F.R. Parts 383 and 391. Receipt of such current medical examiner's certificate shall be reflected upon such person's driving record and posted to his or her CDLIS driver record as his or her medical certification status.
(b)
Upon the expiration of the medical examiner's certificate submitted to the department pursuant to this Code section, the department shall update the medical certification status of such person on his or her driving record and his or her CDLIS driving record. The department shall notify such person of the change of his or her medical certification status and advise such person that he or she will be disqualified from operating a commercial motor vehicle indefinitely if such person does not submit a current medical examiner's certificate to the department within 60 days. Such notice shall be sent via certified mail or such other delivery service obtained by the department that results in delivery confirmation to the address reflected on its records as the driver's mailing address.
(c)
A commercial driving disqualification imposed as the result of the expiration of a medical examiner's certificate shall be reinstated, and changes to a person's medical certification status shall be updated, upon receipt of a current medical examiner's certificate.
(d)
The department shall suspend the commercial driving privilege or commercial driver's license of any person who submits a medical examiner's certificate containing false information. The period of such suspension shall be 60 days.
Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024.
Added by 2011 Ga. Laws 89,§ 16, eff. 1/1/2012.
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 7 - COMMERCIAL DRIVERS' LICENSES (§§ 40-5-140 — 40-5-159) › Section 40-5-149 - Contents of application; application required when name, mailing address, or residence changed

(a)
The application for a commercial driver's license or commercial driver's instruction permit shall include the following:
(1)
The full legal name and current mailing and residential address of the person;
(2)
A physical description of the person including sex, height, weight, and eye color;
(3)
Full date of birth;
(4)
Reserved;
(5)
The person's signature;
(6)
The person's current photograph;
(7)
Certifications, including those required by 49 C.F.R. Part 383.71(a) ;
(8)
Any other information required by the department; and
(9)
Consent to release driving record information to the Commercial Driver License Information System clearing-house and whatever agent or agency the Commercial Driver License Information System deems necessary by federal requirements.
Each application shall be accompanied by an application fee of $35.00, except for those who operate or are applying to operate a public school bus and inmates of state or county correctional institutions who operate or are applying to operate commercial motor vehicles under the supervision of such institutions during the period of such inmates' confinement, in which cases there shall be no application fee.
(b)
When a licensee changes his or her name, mailing address, or residence, an application for a new license shall be made within 30 days of such change. The fee for such new license shall be as provided in Code Section
40-5-25
.
(c)
No person who has been a resident of this state for 30 days or longer may drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction. It shall be the responsibility of the employer to notify the employee of the license issuance law of this state.
(d)
Except as provided in Code Section
40-5-36
, relating to veterans' licenses and except as provided in this Code section for public school bus drivers, there shall be no exceptions to the application and licenses fees required for issuance of a commercial driver's license or a commercial driver's instruction permit.
Amended by 2008 Ga. Laws 434,§ 10, eff. 1/1/2009.