Title 40 — Title 40
0 chapters · 572 sections in this title.
O.C.G.A. § 40-5-148 Nonresident license
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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…
O.C.G.A. § 40-5-148.1 Restricted commercial licenses for persons in agricultural industry
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(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 sh…
O.C.G.A. § 40-5-148.2 Issuance of nonresident commercial drivers’ licenses
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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 …
O.C.G.A. § 40-5-148.3 Submission of medical examiner’s certificate; penalty for false submissions
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(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 741 40-5-148.3 MOTOR VEHICLES & TRAFFIC 40-5-149 and a current medical examiner’s certificate to the department as required by 49 C.F.R. Parts…
O.C.G.A. § 40-5-153 Short title
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Purpose and applicability of article; liberal construction. Definitions. Driving commercial motor vehicle with more than one license prohibited. Notice required by driver of commercial vehicle of certain convictions or license restrictions; information required to be provided to p…
O.C.G.A. § 40-5-156 Rules and regulations
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The commissioner may adopt any rules and regulations necessary to carry out the provisions of this article. History. Code 1981, § 40-5-156, enacted by Ga. L. 1989, p. 519, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 2000, p. 951, § 5-63. 40-5-157. Authority for commissioner to enter i…
O.C.G.A. § 40-5-159 Violations
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(a) Any person who drives a commercial motor vehicle while in violation of the provisions of Code Section 40-5-143 or any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of the provisions of subsection 755 …
O.C.G.A. § 40-5-170 Definitions
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As used in this article, the term: (1) “Disability” means any physical, mental, or neurological impairment which severely restricts a person’s mobility, manual dexterity, or ability to climb stairs; substantial loss of sight or hearing; loss of one or more limbs or use thereof; o…
O.C.G.A. § 40-5-171 Issuance and contents of identification cards for persons with disabilities
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(a) The department shall issue identification cards to persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the commissioner. The identification card for persons with disabilities shall contain a recent photograph o…
O.C.G.A. § 40-5-173 Format of card
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The face of the identification card for persons with disabilities shall prominently bear wording selected by the department that is indicative of the presence of urgent medical information on the reverse of the card. On the reverse side of the identification card shall be a space w…
O.C.G.A. § 40-5-174 Violations
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Article 8 Identification Cards for Persons with Disabilities 40-5-170. 40-5-171. 40-5-172. T.40, C.5 DRIVERS’ LICENSES 40-5-175. Definitions.
O.C.G.A. § 40-5-175 Definitions
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Issuance and contents of identification cards for persons with disabilities. Term of card issued to person with permanent disability; issuance to person with temporary disability; renewal.
O.C.G.A. § 40-5-176 Rules and regulations
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The commissioner shall promulgate rules and regulations under which this article shall be implemented. History. Code 1981, § 40-5-176, enacted by Ga. L. 1989, p. 628, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 1995, p. 1302, § 7; Ga. L. 2000, p. 951, § 5-67. 40-5-177. Evidence of app…
O.C.G.A. § 40-5-177 Evidence of applicant’s birth date required
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The department shall require an applicant for an identification card for persons with disabilities to furnish a birth certificate or other verifiable evidence stating the applicant’s birth date. History. Code 1981, § 40-5-177, enacted by Ga. L. 1989, p. 628, § 1; Ga. L. 1990, p. 204…
O.C.G.A. § 40-5-179 Format of card
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Proof of need for special transportation services for persons with disabilities. Admission to seating for persons with disabilities at public events. Rules and regulations. Evidence of applicant’s birth date required. Fee for card; waiver for person with veteran’s driver’s licens…
O.C.G.A. § 40-5-2 History
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Code 1933, § 68B-309, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 2006, p. 449, § 8/HB 1253.
O.C.G.A. § 40-5-21 Exemptions generally
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(a) Except as provided in Article 7 of this chapter, the “Uniform Commercial Driver’s License Act,” the following persons are exempt from licenses under this chapter: (1) Any employee of the United States government while operating a motor vehicle owned by or leased to the United…
O.C.G.A. § 40-5-23 Classes of licenses
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(a) The department upon issuing a driver’s license shall indicate thereon the type or general class of vehicles that the licensee may drive. (b) Subject to this chapter, the commissioner shall establish by rules and regulations such qualifications, including but not limited to, tr…
O.C.G.A. § 40-5-27 Examination of applicants
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(a)(1) The department shall examine every applicant for a driver’s license, except as otherwise provided in this Code section. Such examination shall include a test of the applicant’s eyesight, his or her ability to understand official traffic-control devices, and his or her know…
O.C.G.A. § 40-5-28.1 Use of social security numbers
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No license or permit issued or renewed on or after January 1, 2007, pursuant to this article shall contain the social security number of the licensee or permit holder. History. Code 1981, § 40-5-28.1, enacted by Ga. L. 1997, p. 1443, § 1; Ga. L. 2006, p. 449, § 3/HB 1253. Editor’…
O.C.G.A. § 40-5-29 License to be carried and exhibited on demand
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(a) Every licensee shall have his or her driver’s license in his or her immediate possession at all times when operating a motor vehicle. Any person who has a receipt issued by the department reflecting issuance, renewal, replacement, or reinstatement of his or her driver’s licens…
O.C.G.A. § 40-5-3 Department employees as notaries public
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The commissioner shall cause designated employees of the department to be appointed as notaries public, in accordance with Chapter 17 of Title 45, for the purpose of performing the notarial acts required by this chapter, free of charge to applicants. History. Code 1933, § 68B-207…
O.C.G.A. § 40-5-30 Restricted licenses
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(a) Upon issuing a driver’s license, the department shall have authority, whenever good cause appears, to impose restrictions suitable to the licensee’s driving ability with respect to special mechanical control devices required on a motor vehicle which the licensee may operate o…
O.C.G.A. § 40-5-31 Replacement permits or licenses
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(a) In the event that an instruction permit or a driver’s license issued under this chapter is lost or destroyed, the person to whom the same was issued may upon payment of the required fee and upon furnishing proof satisfactory to the department that such permit has been lost or…
O.C.G.A. § 40-5-32 Littlejohn v
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State, 165 Ga. App. 562, 301 S.E.2d 917, 1983 Ga. App. LEXIS 1951 (1983).
O.C.G.A. § 40-5-33 Change of address or name
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Whenever any person, after applying for or receiving a driver’s license, shall move from the address named in such application or in the license issued to him or her or when the name of a licensee is changed by marriage or otherwise, such person shall apply to the department for …
O.C.G.A. § 40-5-34 Driver License Advisory Board
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(a) The commissioner is authorized to appoint a Driver License Advisory Board. (b) The Driver License Advisory Board shall advise the commissioner on medical criteria and vision standards relating to the licensing of drivers under this chapter. (c) If the department has cause to …
O.C.G.A. § 40-5-36 Veterans’ licenses, honorary licenses, and other distinctive licenses
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(a) Except as specifically provided in this chapter, no part of this chapter shall be interpreted as affecting the rights and privileges of a person holding a veteran’s, honorary, or distinctive license, and nothing in this chapter shall be construed so as to authorize the departm…
O.C.G.A. § 40-5-37 Expiration of active duty service members’ licenses
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(a) As used in this Code section, the term “service member” means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard who is on ordered federal du…
O.C.G.A. § 40-5-38 Notation of post-traumatic stress disorder
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(a) Members of the armed services and veterans who have been diagnosed with post-traumatic stress disorder may request to have a notation of such diagnosis placed on his or her driver’s license. Such applicant shall present the department with a sworn statement from a person lice…
O.C.G.A. § 40-5-4 Promulgation of rules and regulations
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(a) The commissioner is authorized to implement any and all provisions of this chapter by the promulgation of necessary rules and regulations. An express grant of authority to the commissioner in any Code section to promulgate regulations shall not be construed as excluding such …
O.C.G.A. § 40-5-50 Authority of department to cancel license or identification card
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The department is authorized to cancel any driver’s license or identification card issued by the department pursuant to Code Section 40-5-100 upon determining that the holder of such license or identification card was not entitled to the issuance thereof under this chapter or faile…
O.C.G.A. § 40-5-52 Suspension of license or operating privilege for conduct in another state
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(a) The department shall suspend, as provided in Code Section 40-5-63, the license of any resident of this state and may suspend a nonresident’s operating privilege, upon receiving notice of a conviction in another state of an offense described in Code Section 40-5-54 or Code Sec…
O.C.G.A. § 40-5-54 Mandatory suspension of license; notice of suspension
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(a) The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver’s conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Articl…
O.C.G.A. § 40-5-55 Ellis v
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State, 275 Ga. App. 881, 622 S.E.2d 89 (2005). In a DUI per se case, the trial court did not err in denying the defendant’s motion to suppress the results of a chemical testing of the defendant’s blood because the defendant freely and voluntarily consented to the test as the defe…
O.C.G.A. § 40-5-57.2 Suspension of license for reckless stunt driving
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(a) The driver’s license of any person convicted of reckless stunt driving in violation of Code Section 40-6-390.1 shall by operation of law be suspended, and such suspension shall be subject to the following terms and conditions: (1) Upon the first conviction of any such offense,…
O.C.G.A. § 40-5-58 Haley v
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Hardison, 247 Ga. 750, 279 S.E.2d 712, 1981 Ga. LEXIS 866 (1981). 604 40-5-58 DRIVERS’ LICENSES Neither state nor federal procedural due process bars the General Assembly from defining “conviction” in O.C.G.A. § 40-5-1 to include forfeiture of bail or collateral. Haley v. Hardison…
O.C.G.A. § 40-5-60 When revocation or suspension effective; notice
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(a) All revocations and suspensions provided for in this chapter shall be effective on the day the driver receives actual knowledge or legal notice thereof, whichever occurs first. Notice of suspension by operation of law shall be considered legal notice. Any license suspension or…
O.C.G.A. § 40-5-64 Limited driving permits for certain offenders
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(a) To whom issued. (1) Notwithstanding any contrary provision of this Code section or Code Section 40-5-57, 40-5-57.2, 40-5-63, 40-5-75, 40-5-121, or 42-8-111, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 wit…
O.C.G.A. § 40-5-64.1 Ignition interlock device limited driving permits
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(a) To whom issued. (1) Any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accept…
O.C.G.A. § 40-5-66 Appeals from decisions of department
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(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 p…
O.C.G.A. § 40-5-67.1 Ivie v
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State, 151 Ga. App. 496, 260 S.E.2d 543, 1979 Ga. App. LEXIS 2583 (1979); Pryor v. State, 182 Ga. App. 79, 354 S.E.2d 690, 1987 Ga. App. LEXIS 2592 (1987). Implied consent warnings that tracked the language of O.C.G.A. § 40-5-67.1 were not deceptive or misleading on the basis tha…
O.C.G.A. § 40-5-70 Since Ga
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L. 1990, p. 2048, § 4, incorporated the provisions of former Code Section 40-5-70 into this Code section, those amendments have been given effect in this Code section. Ga. L. 1997, p. 760, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cit…
O.C.G.A. § 40-5-73 Limited applicability
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The provisions of Code Sections 40-5-70, 40-6-10, and 40-6-11 shall 684 40-5-73 DRIVERS’ LICENSES 40-5-75 not be applicable to persons operating vehicles which are not required to be registered or licensed in this state. History. Code 1981, § 40-5-73, enacted by Ga. L. 1990, p. 2…
O.C.G.A. § 40-5-74 Defacement or alteration of seized license prohibited
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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 convicte…
O.C.G.A. § 40-5-75 Suspension of licenses by operation of law; reinstatement
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(a) The driver’s license of any person convicted of driving or being in actual physical control of any moving vehicle while under the influence of a controlled substance or marijuana in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391, or the equi…
O.C.G.A. § 40-5-76 History
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Ga. L. 1937, p. 322, art. 4, § 2; Ga. L. 1966, p. 12, § 1; Code 1933, § 68B-203, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1983, p. 745, § 2; Ga. L. 1984, p. 22, § 40; Ga. L. 1986, p. 839, § 1; Ga. L. 1989, p. 519, § 6; Ga. L. 1990, p. 2048, § 4; Ga. L. 1991, p. 321, § 1; Ga. …
O.C.G.A. § 40-5-80 Purpose of article
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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…
O.C.G.A. § 40-5-82 Administration of program
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(a) The Driver Improvement Program created by this article shall be administered by the commissioner. The commissioner is authorized to promulgate and adopt rules and regulations necessary to carry out this article. (b) For the purpose of generating greater interest in highway sa…
O.C.G.A. § 40-5-84 Reinstatement of licenses suspended for certain offenses or for points
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(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 t…