Title 40 — Title 40
0 chapters · 572 sections in this title.
O.C.G.A. § 40-14-10 Unlawful use of devices generally
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40-14-11. Investigations by commissioner of public safety; issuance of order suspending or revoking permit; ratio of speeding fines to agency’s budget. 40-14-12. Administrative hearing upon permit suspension or revocation. Sec. 40-14-13. Administrative and judicial appeal of deci…
O.C.G.A. § 40-14-13 Administrative and judicial appeal of decision suspending or revoking permit
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Any county, municipality, college, or university aggrieved by a decision of the commissioner or deputy commissioner of public safety suspending or revoking its speed detection device permit may appeal that decision within 30 days of its effective date to the Board of Public Safet…
O.C.G.A. § 40-14-14 Petition for reconsideration following permit suspension or revocation
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At the expiration of six months following the suspension or revocation of a speed detection device permit by the Board of Public Safety or, if no appeal was taken, by the commissioner or deputy commissioner of public safety, the governing authority of any such county or municipal…
O.C.G.A. § 40-14-17 Laser devices; reliability and admissibility of evidence
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Evidence of speed based on a speed detection device using the speed timing principle of laser which is of a model that has been approved by the Department of Public Safety shall be considered scientifically acceptable and reliable as a speed detection device and shall be admissib…
O.C.G.A. § 40-14-20 Definitions
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As used in this article, the term: (1) ‘‘Governing authority’’ means any county, municipality, or consolidated government. (2) ‘‘Recorded images’’ has the meaning provided in subparagraph (f )(1)(B) of Code Section 40-6-20. (3) ‘‘Traffic-control signal monitoring device’’ has the…
O.C.G.A. § 40-14-22 Timing of traffic-control signals utilizing monitoring devices
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40-14-23. Use of signs to notify motorists of traffic-control signal monitoring devices. 40-14-24. Reports on traffic-control signal monitoring device use.
O.C.G.A. § 40-14-24 Reports on traffic-control signal monitoring device use
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40-14-25. Complaints about traffic-control signal monitoring devices; rebuttable presumption; remission of revenues. 40-14-26. Revoking traffic-control signal monitoring device permit; hearing; reconsideration. 658 T.40, C.14 USE OF SPEED DETECTION DEVICES, ETC.
O.C.G.A. § 40-14-6 Warning signs required; signage requirements
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(a) Each county, municipality, college, and university using speed detection devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, …
O.C.G.A. § 40-14-7 Visibility of vehicle from which device is operated
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Except as provided for in Code Section 40-14-18, no stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is operated is obstructed from the view of approaching motorists o…
O.C.G.A. § 40-14-8 When case may be made and conviction had
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(a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour and no conviction shall be had thereon unless such speed is more t…
O.C.G.A. § 40-14-9 Certain evidence inadmissible; use of device on hill
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Evidence obtained by county or municipal law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consol…
O.C.G.A. § 40-15-1 Definitions
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As used in this chapter, the term: (1) ‘‘Board’’ means the Board of Driver Services. (2) ‘‘Commissioner’’ means the commissioner of driver services. (3) ‘‘Coordinator’’ means the state-wide motorcycle safety coordinator provided for in Code Section 40-15-4. (4) ‘‘Department’’ mea…
O.C.G.A. § 40-15-4 Coordinator authorized; duties and requirements
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(a) The commissioner shall appoint a state-wide motorcycle safety coordinator who shall carry out and enforce the provisions of this chapter and the rules and regulations of the department. The coordinator shall be placed in the unclassified service as defined by Code Section 45-…
O.C.G.A. § 40-15-5 Requirements for instructors
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Every person who desires to qualify as an instructor in a motorcycle operator safety training program shall meet the following requirements: (1) Be of good moral character; (2) Give satisfactory performance on a written, oral, performance, or combination examination administered …
O.C.G.A. § 40-16-1 Definitions
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As used in this chapter, the term: (1) ‘‘Board’’ means the Board of Driver Services. (2) ‘‘Commissioner’’ means the commissioner of driver services. (3) ‘‘Department’’ means the Department of Driver Services. (Code 1981, § 40-16-1, enacted by Ga. L. 2000, p. 951, § 1-1; Ga. L. 20…
O.C.G.A. § 40-16-2 Primary responsibilities
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(a) There is created the Department of Driver Services. The Department of Driver Services shall be a successor agency to and continuation of the former Department of Motor Vehicle Safety. The department shall be the agency primarily responsible for: (1) Administration of the laws…
O.C.G.A. § 40-16-2.1 Annual reports to the General Assembly
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Annual reports shall be provided to the General Assembly by the affected departments with respect to the reorganization provided for in Code Section 40-16-2 and with respect to other activities of the departments as follows: (1) The Department of Driver Services shall provide an …
O.C.G.A. § 40-16-3 Board of Driver Services; commissioner
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(a) The department shall be under the direction, control, and management of the Board of Driver Services and the commissioner of driver services. The commissioner shall be appointed by and serve at the pleasure of the board. (b)(1) The Board of Driver Services shall be a successo…
O.C.G.A. § 40-16-5.1 Use of department vehicles and equipment
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(a) Except as otherwise provided in this Code section, no department motor vehicles shall be used by any investigators employed by the department except in the discharge of official duties. Any other equipment shall be used only with the express written approval of the commission…
O.C.G.A. § 40-16-6 Civil monetary penalties
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(a) To the extent specifically authorized by law, the commissioner may pursuant to rule or regulation specify and impose civil monetary penalties for violations of laws, rules, and regulations administered by the commissioner. Except as may be hereafter authorized by law, the max…
O.C.G.A. § 40-16-7 Budget of department
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(a) The department shall be a budget unit to which funds may be appropriated as provided in the ‘‘Budget Act,’’ Part 1 of Article 4 of Chapter 12 of Title 45. The department shall be an independent and distinct department of state government. The duties of the department shall be…
O.C.G.A. § 40-16-8 Governor’s Commercial Transportation Advisory Committee
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(a) There shall be established, within the department, the Governor’s Commercial Transportation Advisory Committee. The purpose of this committee is to advise the Governor on all laws, regulations, rules, and other matters related to the operation within this state of motor carri…