reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-5 - DRIVER'S LICENSE ADVISORY BOARD › Rule 375-3-5-.10 - Applicants-Physical and Mental Conditions

Current through Rules and Regulations filed through June 27, 2024
(1) Whenever the Department has reason to
				believe that an applicant is physically or mentally incompetent to operate a
				motor vehicle, the applicant shall be given a medical report form which must be
				completed by a licensed physician of the applicant's choice and returned by the
				licensed physician directly to the Department before the application will be
				taken under consideration by the Department. The submission of such reports is
				to be without expense to the State.
(2) Upon receipt of the completed medical
				report forms, the Department may send copies of the same to a licensed
				physician on the Driver License Advisory Board. to the licensed physician shall
				review each applicant's report and make recommendations to the Department. If
				necessary to aid in its evaluation, the Board may request that further
				information be supplied by the applicant, or that the applicant submit to a
				re-examination by a medical specialist within the applicant's geographical
				area. If re-examination by a specialist is required, the applicant shall be
				given a list of approved specialists from which to choose for re-examination
				and additional medical report forms, which are to be sent directly by the
				specialist to the Department. The Department will then route the specialist's
				report as outlined for the original medical reports. Submission of specialists'
				reports is to be without cost to the State.
(3) If either the original medical reports or
				any supplemental specialist's reports shall confirm the applicant's failure to
				meet the State's visual standards, the Department shall not approve the
				application for driver's license and shall so advise the applicant.
(4) If upon receipt of the Driver License
				Advisory Board's recommendation or other pertinent information, the Department
				decides to disapprove the application for driver's license, the applicant shall
				be advised of this decision and the opportunity for a hearing as provided in
				Ga. Comp. R. & Regs. R.
				375-1-1-.06.
(5) An applicant with a physical impairment
				that the Department believes requires special consideration for safe driving,
				may be given the driver's license examination and be issued a driver's license
				that is restricted in use according to the requirements of Ga. Comp. R. &
				Regs. R. 375-3-1-.04.
O.C.G.A. §§
											40-5-4,
				  40-5-34,
				  40-5-35.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-6 - IGNITION INTERLOCK DEVICES › Rule 375-3-6-.01 - Organization

Current through Rules and Regulations filed through June 27, 2024
The Ignition Interlock Device Program shall be administered
				  by the Director of the Regulatory Compliance Division of the Department of
				  Driver Services, and such additional staff as the Commissioner deems necessary
				  for the efficient operation of the program.
O.C.G.A. §§
											40-16-1,
				  40-5-4,
				  40-16-2,
				  40-16-3,
				  40-16-4,
				  40-16-5,
				  40-5-101.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-6 - IGNITION INTERLOCK DEVICES › Rule 375-3-6-.02 - Duties and Responsibilities

Current through Rules and Regulations filed through June 27, 2024
(1) The Regulatory Compliance Division shall
				administer the Ignition Interlock Device program as specified in Title 42,
				Chapter 8, Article 7 of the Official Code of Georgia Annotated; develop the
				certification of Ignition Interlock Devices and service providers; and initiate
				the administrative procedures as specified in O.C.G.A. Title 42, Chapter
				8.
(2) The Regulatory Compliance
				Division shall develop all documents and procedural guidelines necessary to
				implement, complete and manage the ignition interlock program.
Authority O.C.G.A. Sec.
				  42-8-110
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-6 - IGNITION INTERLOCK DEVICES › Rule 375-3-6-.03 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following words, whenever used, shall have the same
				  meaning as defined below when used in this chapter:
(a) "Cancellation" - the termination of a
				provider center's certification because of some error or defect in the
				certification or because the provider center is no longer entitled to such
				certification. This formal action is taken by the Department and is without
				prejudice. The applicant may apply for certification at any time after the
				cancellation, once the defect is cured.
(b) "Circumvention and Tampering" - an overt,
				conscious attempt to bypass the device by:
1.
				Providing samples other than the natural unaltered breath of the
				user;
2. Failing to provide the
				required breath sample when requested by a random moving retest;
3. Starting the vehicle without using the
				ignition switch, or any other act intended to start the vehicle without first
				taking and passing a breath test;
4. Physically tampering with the device to
				disable or otherwise disconnect the device from its power source.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-6 - IGNITION INTERLOCK DEVICES › Rule 375-3-6-.05 - Device Certification

Current through Rules and Regulations filed through June 27, 2024
(1) To be certified by the Department, an
				interlock device must meet the following general and technical requirements:
(a) General Requirements.
1. The device shall be manufactured by a
				party who will provide liability insurance;
2. The device shall be backed by a company
				that can provide a focal point of responsibility for the maintenance and
				service of such device.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-6 - IGNITION INTERLOCK DEVICES › Rule 375-3-6-.07 - Denial and Withdrawal of Authority of Provider Centers or Devices

Current through Rules and Regulations filed through June 27, 2024
The Department may deny, suspend, cancel or revoke the
				  certification of any provider center or device for any violation of the law,
				  rules or regulations relating to the Ignition Interlock Program:
(1) The affected provider center shall not
				operate in any capacity while under any cancellation, suspension or
				revocation;
(2) The cancellation,
				suspension or revocation becomes effective on the date indicated by the
				Department's order;
(3) After
				cancellation, suspension, revocation or voluntary surrender of an approval, a
				provider center shall remain responsible for the removal of all devices from
				customers' vehicles. A provider center shall be responsible for any costs
				connected with the removal of its devices from the customer's vehicle and the
				installation of a new device from the Department's list of approved
				devices.
(4) The provider center
				may request a hearing as prescribed in Ga. Comp. R. & Regs. R.
				375-1-1-.06.
O.C.G.A. §§
											42-8-110
et seq.
,
				  43-12A-9.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-6 - IGNITION INTERLOCK DEVICES › Rule 375-3-6-.08 - Ignition Interlock Provider Appeal

Current through Rules and Regulations filed through June 27, 2024
A provider center may request a Departmental hearing pursuant
				  to Ga. Comp. R. & Regs. R.
				  375-1-1-.06.
O.C.G.A. §§
											42-8-110,
				  43-12A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-6 - IGNITION INTERLOCK DEVICES › Rule 375-3-6-.09 - Pending Charges Against Provider Center Applicants

Current through Rules and Regulations filed through June 27, 2024
1. If at the time of application the
				applicant is charged with any offense that a conviction for which would result
				in said applicant's ineligibility for certification, consideration of the
				application shall be suspended until entry of a plea or verdict or dismissal of
				said charge.
2. If after the
				issuance of a permit a person is charged any offense that a conviction for
				which would result in said applicant's ineligibility for certification, the
				permit may be suspended pending disposition of such charge. If the person is
				convicted of such charge, the permit shall be revoked.
O.C.G.A. §
										43-12A-9.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-7 - SAFETY RESPONSIBILITY › Rule 375-3-7-.01 - Organization

Current through Rules and Regulations filed through June 27, 2024
The Director of the Regulatory Compliance Division of the
				  Department of Driver Services, and such additional staff as the Commissioner
				  deems necessary, shall administer the laws regarding Safety Responsibility
				  prescribed in "Motor Vehicle Safety Responsibility Act".
O.C.G.A. §§
											40-16-1,
				  40-5-4,
				  40-9-1,
				  40-9-2,
				  40-9-3,
				  40-16-2,
				  40-16-3,
				  40-16-4,
				  40-16-5,
				  40-5-101.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-7 - SAFETY RESPONSIBILITY › Rule 375-3-7-.02 - Vehicle Driven Without Owner's Permission

Current through Rules and Regulations filed through June 27, 2024
Pursuant to Georgia Code 40-9-34(7), the requirements of
				  security under 40-9-32 shall not apply to the owner of a vehicle if at the time
				  of the accident the vehicle was being operated without their permission,
				  express, or implied, or was parked by a person who had been operating such
				  vehicle without such permission. The Department may accept as evidence of the
				  above a verified stolen car report on file with a law enforcement agency or any
				  other evidence that the Department deems sufficient.
Authority O.C.G.A. Sec.
				  40-9-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-7 - SAFETY RESPONSIBILITY › Rule 375-3-7-.03 - Safety Responsibility Appeals/Hearings

Current through Rules and Regulations filed through June 27, 2024
If a hearing is requested on any action taken by the Safety
				  Responsibility Unit, whether or not it is subject to review under the
				  Administrative Procedure Act, the hearing shall be held in accordance with the
				  Ga. Comp. R. & Regs. R.
				  375-1-1-.06.
O.C.G.A. §
											40-9-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-7 - SAFETY RESPONSIBILITY › Rule 375-3-7-.04 - Contents of Demand for Security

Current through Rules and Regulations filed through June 27, 2024
Whenever security is required to be furnished under "The
				  Motor Vehicle Safety Responsibility Act" the Department may evaluate any or all
				  of the following to determine the amount of security required:
(a) A notarized affidavit, (Form DDS-202),
				executed by the owner of the damaged property or if for personal injury, a
				notarized affidavit from the injured party along with personal injury affidavit
				and physician's report, a copy of the individual's accident report (DDS-190),
				upon request, and a copy of the investigating officer's report of the accident.
				If the accident was not investigated, a statement advising of such fact will
				also be required and an itemized estimate of damages, Loss and Salvage Report
				if vehicle was a total loss. Claim must be filed within one year from date of
				an accident.
(b) A judgment against
				the licensee, or owner of the vehicle. Judgment must state name of defendant,
				date of accident, amount of judgment, that judgment is final, that it is
				unsatisfied, that time for appeal has expired, and must have signature and seal
				of clerk.
(c) A certification from
				a foreign jurisdiction that the operating privilege of a licensee of this State
				has been suspended or revoked for failure to show proof of financial
				responsibility to cover damages arising out of a motor vehicle
				accident.
Authority O.C.G.A. Sec.
				  40-9-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-7 - SAFETY RESPONSIBILITY › Rule 375-3-7-.05 - Security

Current through Rules and Regulations filed through June 27, 2024
The Department will accept as security under "The Motor
				  Vehicle Safety Responsibility Act", O.C.G.A. §
									40-9-33, cash deposits and real
				  property bonds. Cash deposits are to be made in the form of certified checks,
				  cashiers checks, or money orders.
Authority O.C.G.A. Sec.
				  40-9-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-7 - SAFETY RESPONSIBILITY › Rule 375-3-7-.06 - Disbursement of Security Based on Unsatisfied Judgment

Current through Rules and Regulations filed through June 27, 2024
The Commissioner of the Department of Driver Services is
				  authorized to disburse the security posted, in compliance with the provisions
				  of the Safety Responsibility Act, upon receiving a certificate from the Clerk
				  of any Court wherein a judgment has been obtained against the person on whose
				  behalf the deposit was made. Such certificates should set forth the party to
				  the litigation, time, place and date of the accident. The fact that the
				  judgment is unsatisfied of record and that the time for appeal has expired or
				  that the judgment has been affirmed on appeal should also be indicated. It
				  shall be the duty of the Commissioner to immediately transmit to the Clerk of
				  said court any cash security held by the Department to be applied to the
				  satisfaction of said judgment and any accrued interest or court cost. Any
				  additional security over and above the amount required to satisfy the foregoing
				  shall be returned by the Commissioner to the depositor.
Authority O.C.G.A. Sec.
				  40-9-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-7 - SAFETY RESPONSIBILITY › Rule 375-3-7-.07

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
											40-5-4,
				  40-5-56.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-8 - ACCESS FOR MOTOR VEHICLE RECORDS › Rule 375-3-8-.01 - Access to Driver History Record Information for Law Enforcement Agencies and Fire Departments for Employment Purposes

Current through Rules and Regulations filed through June 27, 2024
A law enforcement agency or fire department operated by the
				  State of Georgia or any political subdivision thereof may apply for and obtain
				  access to driver history record information regarding any employee of the
				  agency or applicant for employment with the agency. Access shall be obtained by
				  submitting a request to, and subject to approval by, the Department of Driver
				  Services and in accordance with a contract with the Georgia Technology
				  Authority for such access. No fee shall be charged to the agency or department
				  if the record is accessed electronically.
O.C.G.A. §§
										40-5-2(f)(4),
				  40-5-2(d)(1).
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-8 - ACCESS FOR MOTOR VEHICLE RECORDS › Rule 375-3-8-.02 - Access to Driver History Record Information for State Agencies, Municipalities, Counties, and Public Boards of Education for Employment Purposes

Current through Rules and Regulations filed through June 27, 2024
A state agency, municipal government, county government, or
				  school board of a municipality or county may apply for and obtain access to
				  driver history record information regarding any employee or applicant for
				  employment who has given written consent for such access. Access shall be
				  obtained by submitting a request to, and subject to approval by, the Department
				  of Driver Services and in accordance with a contract with the Georgia
				  Technology Authority for such access. No fee shall be charged to the agency or
				  department if the record is accessed electronically.
O.C.G.A. §§
										40-5-2(c)(1)(A),
				  40-5-2(c)(1)(E),
				  40-5-2(d)(1).
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-11 - RESTRICTED COMMERCIAL DRIVER'S LICENSE › Rule 375-3-11-.17 - Applications for Restricted Commercial Drivers Licenses

Current through Rules and Regulations filed through June 27, 2024
(1) All applications for the issuance of a
				restricted commercial driver's license should be submitted at least 60 days and
				not more than 150 days prior to receiving a restricted commercial driver's
				license.
(2) All items of
				information on the application must be completed in full or the application may
				be returned or rejected.
(3) An
				applicant must certify that during the two years preceding the CDL application
				date he/she:
(a) has not had more than one
				driver's license;
(b) has not had a
				license revocation, suspension, or cancellation;
(c) has not been involved in a chargeable
				accident;
(d) has not received any
				citations which would initiate a suspension, revocation, cancellation, or
				disqualification; and
(e) has not
				had more than one conviction for any violation of a serious traffic violation
				as defined in O.C.G.A. §
										40-5-142(22).
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-11 - RESTRICTED COMMERCIAL DRIVER'S LICENSE › Rule 375-3-11-.18 - Procedure for Changing Information on Restricted CDL

Current through Rules and Regulations filed through June 27, 2024
(1) Customers who need to change the name,
				date of birth, gender, or Social Security number reflected on their restricted
				commercial driver's licenses must bring acceptable documentary evidence of such
				change to a customer service center for review by a license examiner. Such
				customers shall also execute an affidavit confirming such changes on a document
				promulgated by the Department.
(2)
				If the license examiner determines that the documents provided by a customer
				pursuant to paragraph (1) of this regulation are satisfactory, he or she shall
				forward copies of the affidavit and any supporting documents to the Commercial
				Driver's License Unit (CDL Unit) of the Customer Service Licensing and Records
				Division at Headquarters.
(3) Upon
				receipt of documentation from a license examiner as provided in paragraph (2)
				of this regulation, the CDL Unit shall confirm the changes and notify the
				customer that his or her request has been approved. Such approval shall be
				provided in writing upon documentation promulgated by the Department.
(4) Customers who receive approval
				documentation pursuant to paragraph (3) of this regulation shall present such
				documentation to a license examiner at a customer service center to obtain a
				new restricted commercial driver's license.
(5) The fees for such changes shall be as
				follows:
(a) Renewal of a restricted
				commercial driver's license shall be $20.00;
(b) No fee shall be charged for a restricted
				commercial driver's license for a veteran; and
(c) No fee shall be charged for a first
				change of name or address to a restricted commercial driver's license. Any
				subsequent changes within the same renewal period shall be $20.00.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-11 - RESTRICTED COMMERCIAL DRIVER'S LICENSE › Rule 375-3-11-.19 - Minimum Physical Requirements Required to Obtain a Restricted Commercial Drivers License

Current through Rules and Regulations filed through June 27, 2024
(1) Applicants must comply with minimum
				Federal requirements as set forth in Federal Motor Carrier Safety Regulations,
				Sec. 391.41.
(2) Applicants must
				possess a valid Department of Transportation Medical Card, and may be required
				to submit a medical form to the Department.
Authority O.C.G.A. Sec.
				  40-5-148.1.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-11 - RESTRICTED COMMERCIAL DRIVER'S LICENSE › Rule 375-3-11-.20 - Driver Qualification for Restricted CDL

Current through Rules and Regulations filed through June 27, 2024
(1) 21 years of age.
(2) Applicants between 18-20 years of age,
				upon completion of an application and approval, shall be issued a restricted
				commercial drivers license with a "Georgia Only" restriction.
(3) Comply with the minimum federal standards
				as set forth in Federal Motor Carrier Safety Regulations Sec. 391.41.
Authority O.C.G.A. Sec.
				  40-5-148.1.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-3 - DRIVER LICENSE SERVICES › Subject 375-3-11 - RESTRICTED COMMERCIAL DRIVER'S LICENSE › Rule 375-3-11-.21 - Suspension of Restricted CDL

Current through Rules and Regulations filed through June 27, 2024
(1) A lifetime suspension may be reduced to
				10 years after an applicant furnishes proof of rehabilitation which has been
				approved by the Department of Driver Services.
(2) Drivers possessing a restricted
				commercial driver's license that is suspended, revoked or canceled shall not be
				issued a limited permit or probationary license to operate a restricted
				commercial vehicle.
(3) Nolo pleas
				will be recognized by the Department of Driver Services as convictions and may
				generate a drivers license suspension.
(4) Upon suspension of the restricted
				commercial driver's license, the Farm Waiver Card will also be suspended. The
				restricted commercial driver's license can be reinstated to operate a
				non-commercial vehicle. However, the Farm Waiver Card cannot be renewed until
				the driver meets the application requirements of
				375-3-11-.17(3).
Authority O.C.G.A. Sec.
				  40-5-148.1.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.01 - Organization

Current through Rules and Regulations filed through June 27, 2024
The Driver Improvement Program of the Department of Driver
				  Services shall be administered by the Director of the Regulatory Compliance
				  Division of the Department of Driver Services, and such additional staff as the
				  Commissioner deems necessary.
O.C.G.A. §§
											40-16-1,
				  40-5-4,
				  40-16-2,
				  40-16-3,
				  40-16-4,
				  40-16-5,
				  40-5-83,
				  40-5-101.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.03 - Department of Driver Services Employees and Other Members and/or Employees of the Criminal Justice System

Current through Rules and Regulations filed through June 27, 2024
(1) No employee of the Georgia Department of
				Driver Services, nor any employee's spouse, dependent child, dependent
				stepchild, or dependent adopted child shall be an owner, operator, instructor
				or employee in any State approved Driver Improvement Clinic.
(2) No judge, probation employee, law
				enforcement officer or employee of the court, or his spouse, dependent child,
				dependent stepchild or dependent adopted child shall be an owner, operator,
				instructor, or employee in any State approved Driver Improvement
				Clinic.
(3) No person who owns,
				operates, or is employed by a private company which has contracted to provide
				probation services for misdemeanor cases shall be authorized to own, operate,
				be an instructor at, or be employed by a Driver Improvement Clinic or a DUI
				Alcohol or Drug Use Risk Reduction Program.
(4) No Judicial Officer, Probation Officer,
				Law Enforcement Officer, or other Officer or employee of a court or person who
				owns, operates, or is employed by a private company which has contracted to
				provide private probation services for misdemeanor cases shall specify,
				directly or indirectly, a particular Driver Improvement Clinic or DUI Alcohol
				or Drug Use Risk Reduction Program which the person may or shall
				attend.
(5) Members and/or
				employees of the criminal justice system who own, operate, instruct, or are
				employed by a Driver Improvement clinic on June 1, 1985, may continue to engage
				in such activity after June 1, 1985, so long as there is no break in the
				ownership, employment, or activity of the Driver Improvement Clinic.
O.C.G.A. §§
										40-5-80,
				  40-5-83,
				  40-5-85.1.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.04 - Driver Improvement Clinic License

Current through Rules and Regulations filed through June 27, 2024
(1) Clinic Requirements: Application
(a) Any individual, partnership, corporation,
				association, civic group, club, county, municipality, board of education,
				school, or college desiring to be licensed or certified as a Driver Improvement
				Clinic in the State of Georgia shall complete an application to the Department
				on a form prepared and furnished by the Department, which shall include:
(i) The title or name of the clinic together
				with complete ownership and name and addresses of directors, officers and
				controlling stockholders therein.
(ii) The place or places where such
				instruction will be given.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.05 - Qualification of Clinic Owners

Current through Rules and Regulations filed through June 27, 2024
(1) Only qualified people may own, operate,
				or instruct in a Driver Improvement Clinic.
(a) No person with a conviction of a felony
				or any other crime of moral turpitude, or a pattern of misdemeanors that
				evidences a disregard for the law, will be licensed unless he or she has
				received a pardon and can produce evidence of same. For the purposes of this
				subparagraph, a plea of nolo contendere shall be considered to be a conviction.
				For the purposes of this subparagraph, a conviction for which a person has been
				free from custody and free from supervision for at least ten years will not be
				considered, unless the conviction is for an offense which is a dangerous sexual
				offense as defined in O.C.G.A. §
										42-1-12 or the criminal offense
				was committed against a victim who was a minor at the time of the
				offense.
(b) Consideration will be
				given to educational background. A minimum of a high school diploma or GED
				equivalent is required.
(c) The
				Department shall consider the experience and moral character of the applicant
				and may require letters of recommendation from upstanding members of the
				community to be served.
(d)
				Presenting false material information on an application shall preclude any
				individual, partnership, or corporation from obtaining a license and, if
				discovered after the issuance of the license, shall be grounds for cancellation
				or revocation of that license.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.06

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.07

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.08 - Changes of Officers or Address

Current through Rules and Regulations filed through June 27, 2024
(1) The Department must be notified in
				writing within then (10) days of any change of address of the owner, partner,
				or officer of any driver improvement clinic.
(2) The Department must be notified in
				writing within ten (10) days of any change in officers, directors, or
				controlling shareholders of any corporation or association holding a license.
				In such case, each new officer, director or controlling stockholder must
				provide to the Department the same information as required for the original
				license application.
(3) Failure to
				notify the Department of such changes shall be grounds for immediate suspension
				of the clinic license or the imposition of a civil penalty.
O.C.G.A. Sec.
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.09 - Location of Driver Improvement Clinic

Current through Rules and Regulations filed through June 27, 2024
(1) Any clinic that wishes to offer its
				service other than at the principal place of business must establish a
				classroom at the new location.
(2)
				All classrooms shall be licensed in the same manner and subject to the same
				qualifications as the principal office of the clinic with the exception of
				telephone, office, films, brochures and other printed materials. Necessary
				films, brochures and other printed materials shall be used in providing all
				courses of instruction. Only in the event that duplicate material exists as
				required will a clinic be authorized to provide more than one class on the same
				date.
(3) Approval of the office or
				classroom will be determined after the inspection of said location is made by a
				representative of the Department and verification that the location complies
				with all legal requirements.
(4) A
				Driver Improvement License will not be issued for a location where the
				distribution of or sale of alcoholic beverages has been approved.
(5) If the office or a classroom location of
				a Driver Improvement Clinic is to be moved and/or relocated for any reason, the
				following requirements are necessary prior to this move.
(a) Notify the Department in writing of the
				change of the office and/or classroom.
(b) Inspection of the new office or classroom
				must be made by a representative of the Department and approved prior to any
				instruction of students.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.11 - Name of Clinic

Current through Rules and Regulations filed through June 27, 2024
(1) No driver improvement clinic will be
				permitted to use, adopt, or conduct any business under any name that is like or
				deceptively similar to any name used by any other driver improvement clinic
				without prior approval of the Commissioner. This provision will not be applied
				to restrict the use of trade names where the holder of the trade name is the
				party making the request.
(2) A
				driver improvement clinic shall not use the word "State" in any part of the
				clinic name.
O.C.G.A. Sec.
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.12 - Driver Improvement Clinic Advertising

Current through Rules and Regulations filed through June 27, 2024
(1) No driver improvement clinic shall
				advertise in any manner until such time as the clinic is properly licensed by
				the Department.
(2) No licensed
				driver improvement clinic or driver improvement instructor may advertise or
				represent themselves to be an agent or employee of the Department. No
				individual, partnership, association or corporation shall purchase, use or
				allow the use of any advertisement which would reasonably have the effect of
				leading the public to believe that they are or were an employee or
				representative of the Department.
(3) Each driver improvement clinic may use
				its licensed name or any portion thereof for advertising and advertisements, so
				long as the clinic is clearly identifiable from the advertisement. The
				Department's determination in this regard shall be final.
(4) No driver improvement clinic or driver
				improvement instructor shall, by any advertisement or otherwise, state or imply
				directly or indirectly that any license to operate a motor vehicle is
				guaranteed or assured to any student or individual who will take or complete
				any instruction or course of instruction to enroll or otherwise receive
				instruction in any driver improvement clinic.
(5) A Driver Improvement Clinic that is
				licensed by the Department may indicate in its advertisements that it is
				"licensed by the State" or "State licensed", however, no Driver Improvement
				Clinic may use any advertisement that states or implies that the clinic is
				endorsed by the State or the Department.
(6) No driver improvement clinic may
				advertise or imply, that free lessons will be given individuals or students
				unless the lessons are in fact offered or given without monetary
				considerations.
(7) No driver
				improvement clinic may make a false or misleading claim in any of its
				advertisements.
O.C.G.A. Sec.
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.13 - Responsibility for Employees

Current through Rules and Regulations filed through June 27, 2024
(1) No Driver Improvement Clinic shall employ
				or otherwise engage any individual to give classroom instruction unless the
				individual has a valid, current driver improvement instructor's certificate
				issued by the Department for the particular course(s) of instruction taught by
				the individual.
(a) It shall be the duty and
				responsibility of each clinic owner to ensure all instructors associated with
				their clinic have met all requirements for licensure and have in their
				possession a valid instructor's certificate.
(b) It shall be the duty of the clinic owner
				and/or the instructor to ensure that all students who attend are sober and free
				from the influence of drugs, are on time for all sessions of the course,
				maintain correct deportment while on the premises of the clinic, and that all
				student rescheduling for missed sessions by students are completed in 60 days.
				If courses are being taught via distance learning, this authority may be
				delegated to a proctor if a licensed instructor is not on site at the distance
				learning site.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.14 - Records and Contracts

Current through Rules and Regulations filed through June 27, 2024
(1) Every driver improvement clinic shall
				maintain the following records which shall be available for inspection by the
				Department at all times:
(a) A file
				containing the original copy of every contract entered into by the clinic and
				its students for the purpose of obtaining any instructions. A copy of the
				contract must be furnished to the students and the original thereof must be
				retained by the clinic for a period of three (3) years.
(b) A roster of each class listing the
				clinic's number, name and address, the instructor's number and instructor's
				full name, the student's name, date of birth, driver's license number,
				certificate number and amount of fee paid must be maintained in the records of
				the clinic for a period of three (3) years after the date on which the class
				was completed. The clinic shall furnish copies of the roster to the Department
				on request.
(c) A schedule for all
				classes of instruction, giving the date and time of classes must be maintained
				in the records of the clinic for a period of three (3) years after the date on
				which the class was completed. The clinic shall furnish copies of the schedule
				to the Department on request.
(d)
				The class roster, student contracts, final exams and course evaluation forms
				will be filed together by month and year that the class was held.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.15 - Contents of Contracts

Current through Rules and Regulations filed through June 27, 2024
Every contract entered into by the clinic and another
				  individual shall contain the clinic's name, address, and phone number as well
				  as the following:
(a) The agreed
				contract price per course.
(b) Type
				of course or program.
(c) Duration
				of course or program, including the date and time the course or program is to
				be taught.
(d) Requirements for
				completion of course or program.
(e) Breach of contract provision.
(f) A clause stating that this course or
				program has been approved by the Department of Driver Services.
(g) A clause stating that each instructor is
				certified by the Department of Driver Services.
(h) A clause stating that the clinic is
				licensed by the Department of Driver Services in accordance with Title 40-5-80
				(Driver Improvement Act) and the rules and regulations promulgated
				thereunder.
(i) The contract shall
				be signed by the student and an officer legally constituted to bind the
				clinic.
(j) The contracts must be
				pre-numbered.
(k) A clause stating
				that a performance bond in the principal sum of ten thousand ($10,000) dollars
				has and will be maintained for the protection of the contractual rights of the
				students by an authorized bonding company.
O.C.G.A. §§
										40-5-4,
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.16 - Qualifications of Instructors

Current through Rules and Regulations filed through June 27, 2024
(1) Only qualified people may instruct in a
				Driver Improvement Clinic.
(a) Every
				applicant must possess a high school diploma or GED.
(b) The Department shall consider the
				experience and moral character of the applicant and may require letters of
				recommendation from upstanding members of the community to be served.
(c) Presenting false material information on
				an application shall preclude any individual from obtaining a license and, if
				discovered after the issuance of the license, shall be grounds for cancellation
				or revocation of that license.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.17 - Suspension or Revocation of License of Clinic and/or Instructor

Current through Rules and Regulations filed through June 27, 2024
(1) The Department
				may suspend or revoke the license or certificate of any Driver Improvement
				Clinic or any instructor, employee or agent thereof for any violation of the
				law, rules or regulations relating to the operation of a Driver Improvement
				Clinic. All license(s) and/or certificate(s) will be sent to the Department
				immediately upon demand unless the license or certificate holder seeks to
				appeal the Department's order pursuant to Ga. Comp. R. & Regs. R.
				375-1-1-.06.
(a) The affected clinic will not operate in
				any capacity while it is under any suspension or revocation.
(b) The revocation or suspension becomes
				effective on the date indicated by the Department's order, but no time will be
				credited on the revocation or suspension until the affected license(s) or
				certificate (s) have been received by the Department.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.18 - Complaints

Current through Rules and Regulations filed through June 27, 2024
(1) All complaints
				by an individual, partnership, group, corporation or association against any
				individual, partnership, group, corporation or association relating to driver
				improvement clinics or driver improvement instructors must be in writing and
				signed by the complainant.
(2) The
				Department or its authorized representative may ask the complainant to sign a
				sworn statement indicating the nature of the complaint and the identity of the
				complainant.
O.C.G.A. Sec.
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.19 - Fees

Current through Rules and Regulations filed through June 27, 2024
The fees required under this chapter shall be paid to the
				  Department by cash, certified or cashier's check, company check or money
				  order.
(a) A fee for the Defensive
				Driving Course completion certificates will be charged to the clinics. This
				charge will be the actual cost incurred by the Department. The actual cost of
				postage will be charged if the clinic requests that the certificates be sent by
				certified mail.
(b) Field personnel
				will be assigned the duty of undercover monitoring of clinics within the
				purview of the Driver Improvement Act. These persons will pay tuition as
				required by the clinic, and the clinic will reimburse these funds upon demand
				by the Department.
O.C.G.A. Sec.
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.20 - Contractual Bond Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) No Driver Improvement Clinic may operate
				in the State of Georgia unless it provides and files with the Department a
				continuous performance bond in the principal sum of twenty-five hundred
				($2500.00) dollars for the protection of the contractual rights of each
				student, written by a bonding company authorized to do business in the State of
				Georgia. If at any time said bond is not valid and in force, the license of the
				Clinic shall be deemed suspended by operation of law until a valid surety
				company bond is again in force.
(2)
				A clinic may, at the election of the licensee, submit an individual surety bond
				in the amount of $2,500.00 or, if more than one clinic shares common ownership,
				submit a surety bond providing coverage in the amount of $2,500.00 per location
				(i.e., for ten clinics, a surety bond in the amount of $25,000.00). If this
				option is elected, the certificate must clearly demonstrate coverage for each
				clinic for which coverage is to be provided.
O.C.G.A. Secs.
				  40-5-4,
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.21 - Submission of Proof of Completion

Current through Rules and Regulations filed through June 27, 2024
It is the responsibility of the licensee to submit a
				  certificate of completion of a DUI Alcohol or Drug Use Risk Reduction Program
				  approved by the Department of Human Resources to the Department of Motor
				  Vehicle Safety. It is the responsibility of the licensee to ensure that the
				  Department actually receives the certificate within the time established by
				  law. Certificates may be submitted by hand delivery to the Driver's License
				  Services Section at the Department's headquarters, or by first class or
				  certified mail addressed to that section at the Department's mailing address.
				  If the licensee chooses to submit the certificate by mail, the licensee bears
				  the risk of loss. If the Department does not receive a certificate sent by
				  mail, a replacement certificate must be received by the Department within the
				  time originally permitted by law, or the driver's license will be suspended and
				  a restoration fee will be required for reinstatement.
O.C.G.A. Secs.
				  40-5-4,
				  40-5-83.
Compilation of Rules and Regulations of the State of Georgia › Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES › Chapter 375-5 - DRIVER TRAINING AND DRIVER IMPROVEMENT › Subject 375-5-1 - DRIVER IMPROVEMENT › Rule 375-5-1-.22 - Pending Charges Against Owners and Instructors

Current through Rules and Regulations filed through June 27, 2024
(1) If at the time of application the
				applicant is charged with any offense that a conviction for which would result
				in said applicant's ineligibility for certification, consideration of the
				application shall be suspended until entry of a plea or verdict or dismissal of
				said charge.
(2) If after the
				issuance of a permit a person is charged any offense that a conviction for
				which would result in said applicant's ineligibility for certification, the
				permit may be suspended pending disposition of such charge. If the person is
				convicted of such charge, the permit shall be revoked.
O.C.G.A. Secs.
				  40-5-4,
				  40-5-83.