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Georgia Statutes, Title 40

Georgia/Statutes

← All Georgia coverage

Title 40

16 chapters · 848 sections in this title.

All chapters in Title 40848 Ch 6, UNIFORM RULES OF THE ROAD202 Ch 2, REGISTRATION AND LICENSING OF MOTOR …131 Ch 5, DRIVERS’ LICENSES123 Ch 1, IDENTIFICATION AND REGULATION101 Ch 8, EQUIPMENT AND INSPECTION OF MOTOR VE…72 Ch 3, CERTIFICATES OF TITLE, SECURITY INTE…52 Ch 13, PROSECUTION OF TRAFFIC OFFENSES36 Ch 9, REPORTING ACCIDENTS; GIVING PROOF OF…33 Ch 14, USE OF SPEED DETECTION DEVICES AND R…27 Ch 4, IDENTIFICATION OF AND PURCHASE AND R…18 Ch 11, ABANDONED, DERELICT, AND CIVIL FORFE…14 Ch 10, GOVERNOR’S OFFICE OF HIGHWAY SAFETY10 Ch 16, DEPARTMENT OF DRIVER SERVICES10 Ch 12, ACTIONS AGAINST NONRESIDENT MOTORISTS8

848 sections·Filtered byTitle 40✕

O.C.G.A. § 40-13-61 Maintenance of records; accusations
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All records other than those excepted in this article shall be maintained at the traffic violations bureau of the court. No accusation of an offense for which citation and complaint may be issued shall be entered on the misdemeanor docket maintained by the clerk of the court. No …
O.C.G.A. § 40-13-62 Failure to appear; bench warrant
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When any person cited for a traffic violation pursuant to this article fails to appear in court on the date specified in the citation and in accordance with his written promise to appear, unless such person has posted a cash bond as provided in this article, the traffic violation…
O.C.G.A. § 40-13-63 Penalty for failure to appear
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The willful failure of any person to appear in accordance with the written promise contained on the citation and complaint and served upon such person shall constitute an offense which shall be punishable by fine in an amount not to exceed $200.00 or by confinement in jail for a …
O.C.G.A. § 40-13-64 Suspended sentence division; collection of fines
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The court may provide that its traffic violations bureau, in addition to the duties set out in this article, shall have charge of what shall be called and designated in the court as the ‘‘Suspended Sentence Division of the Court.’’ This division of the court shall be responsible …

O.C.G.A. § 40-13-7.01 RESEARCH REFERENCES ALR

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— Withdrawal of property from auction sale, 37 ALR2d 1049.

O.C.G.A. § 40-13-8 RESEARCH REFERENCES ALR

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— Constitutionality of statute for control of diseases of livestock, 65 ALR 525. ARTICLE 1 CONTROL OF INFECTIOUS OR CONTAGIOUS DISEASES IN LIVESTOCK PART 1 GENERAL PROVISIONS

O.C.G.A. § 40-14-1 Definitions

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As used in this chapter, the term: (1) ‘‘Campus’’ means the grounds owned or occupied by a college or university. (2) ‘‘Campus law enforcement agency’’ means the campus agency charged with the enforcement of the laws of this state. (3) ‘‘College or university’’ means an accredite…

O.C.G.A. § 40-14-1.1 Definitions

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As used in this article, the term: (1) ‘‘Agent’’ means a person or entity who is authorized by a law enforcement agency or governing body to administer the procedures contained herein and: (A) Provides services to such law enforcement agency or governing body; (B) Operates, maint…

O.C.G.A. § 40-14-1.2 Agent not private investigator or subject to certain laws

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Nothing in this article shall be construed to mean that an agent is providing or participating in private investigative services or acting in such manner as would render such agent subject to the provisions of Article 4 of Chapter 18 of Title 50. (Code 1981, § 40-14-1.2, enacted …

O.C.G.A. § 40-14-10 Unlawful use of devices generally

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It shall be unlawful for speed detection devices to be used in any county or municipality or on any campus for which a permit authorizing such use has not been issued or for which a permit authorizing such use has been suspended or revoked and not reissued. It shall be unlawful f…

O.C.G.A. § 40-14-11 Investigations by commissioner of public safety; issuance of order suspending or revoking permit; ratio of speeding fines to agency’s budget

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(a) Upon a complaint being made to the commissioner of public safety that any county, municipality, college, or university is employing speed detection devices for purposes other than the promotion of the public health, welfare, and safety or in a manner which violates this chapt…

O.C.G.A. § 40-14-12 Administrative hearing upon permit suspension or revocation

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Upon issuance by the commissioner of public safety of an order suspending or revoking the speed detection device permit of any county, municipality, college, or university, the county, municipality, college, or university affected shall be afforded a hearing, to be held within te…

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. § 40-14-15 Rehearing or restoration of permit at direction of Governor

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The Governor, in his discretion, may direct the commissioner of public safety, or his delegate, to inquire into such change of circumstances and report the same to him together with any recommendations he might have. The Governor, in his discretion, may order a new hearing on the…

O.C.G.A. § 40-14-16 Restrictions on suspension or revocation of drivers’ licenses; reports to Department of Driver Services to specify speed

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No speeding violation of less than ten miles per hour above the legal speed limit in the county or municipality or on a college or university campus in which a person is given a speeding ticket shall be used by the Department of Driver Services for the purpose of suspending or re…

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. § 40-14-18 Enforcement of speed limit in school zones with recorded images; civil monetary penalty; vehicle registration and transfer of title restrictions for failure to pay penalty

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(a)(1) The speed limit within any school zone as provided for in Code Section 40-14-8 and marked pursuant to Code Section 40-14-6 may be enforced by using photographically recorded images for violations which occurred only on a school day during the time in which instructional cl…

O.C.G.A. § 40-14-2 Permit required for use; use not authorized where officers paid on fee system; operation by registered or certified peace officers

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(a) The law enforcement officers of the various counties, municipalities, colleges, and universities may use speed detection devices only if the sheriffs of such counties, or the governing authorities of such counties, or the governing authorities of such municipalities, or the p…

O.C.G.A. § 40-14-3 Application for permit; use of device while application pending

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(a) A county sheriff, county or municipal governing authority, or the president of a college or university may apply to the Department of Public Safety for a permit to authorize the use of speed detection devices for purposes of traffic control within such counties, municipalitie…

O.C.G.A. § 40-14-4 Compliance with rules of Federal Communications Commission; certification of devices

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No state, county, municipal, or campus law enforcement agency may use speed detection devices unless the agency possesses a license in compliance with Federal Communications Commission rules, and unless each device, before being placed in service and annually after being placed i…

O.C.G.A. § 40-14-5 Testing of radar devices; removal of inaccurate radar devices from service; maintenance of testing log and independent calibration tests of automated traffic enforcement devices

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(a) Each state, county, municipal, or campus law enforcement officer using a radar device, except for an automated traffic enforcement safety device as provided for under Code Section 40-14-18, shall test the device for accuracy and record and maintain the results of the test at …

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. § 40-14-20 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. § 40-14-21 Traffic-control signal monitoring devices; application and permit for operation; collection and use of civil monetary penalty; inspection of devices

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(a) A governing authority must obtain an operating permit from the Department of Transportation prior to using any traffic-control signal monitoring device. The governing authority shall not use traffic-control signal monitoring devices unless the chief law enforcement officer of…

O.C.G.A. § 40-14-22 Timing of traffic-control signals utilizing monitoring devices

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The timing of any traffic-control signal which is being monitored by a traffic-control signal monitoring device shall conform to regulations promulgated by the Department of Transportation pursuant to Code Section 32-6-50. The duration of the yellow or red light of any traffic-co…

O.C.G.A. § 40-14-23 Use of signs to notify motorists of traffic-control signal monitoring devices

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Each governing authority using traffic-control signal monitoring 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 jurisdictional limits of the governing authority. A sign shall be erect…

O.C.G.A. § 40-14-24 Reports on traffic-control signal monitoring device use

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(a) Each governing authority using any traffic-control signal monitoring device shall submit not later than February 1 of each year a report on such use during the preceding calendar year to the Department of Transportation. Such report shall include, without limitation: (1) A de…

O.C.G.A. § 40-14-25 Complaints about traffic-control signal monitoring devices; rebuttable presumption; remission of revenues

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(a) Complaints surrounding the use and operation of traffic-control signal monitoring devices by governing authorities, including the use by a governing authority for any purpose other than the promotion of the public health, welfare, and safety or in a manner which violates this…

O.C.G.A. § 40-14-26 Revoking traffic-control signal monitoring device permit; hearing; reconsideration

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(a) Upon issuance by the commissioner of transportation of an order denying an application for or suspending or revoking a traffic-control signal monitoring device permit, the governing authority affected shall be afforded a hearing, to be held within 30 days of the effective dat…

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. § 40-15-2 Establishment and operation of programs; provisions of programs; certificates of completion

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(a)(1) The department is authorized to set up, establish, and operate a motorcycle operator safety training program for the purpose of assisting motorcycle operators to meet the requirements for licensed driving of motorcycles in this state. (2) The coordinator, with the approval…

O.C.G.A. § 40-15-3 Authorization of board to promulgate rules, prescribe fees, and set student requirements

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The board is authorized to adopt, promulgate, and establish rules and regulations for the operation of any motorcycle operator safety training program; to provide for the entrance and enrollment of students; to prescribe fees for the course; and to prescribe the ages, requirement…

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. § 40-16-4 Duties of commissioner; compensation of department employees

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(a) The commissioner shall establish such units within the department as he or she deems proper for its administration and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing. (b) Th…

O.C.G.A. § 40-16-5 Authority of commissioner; previous action by department; background checks; debt collection

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(a) Subject to approval by the board, the commissioner shall have the power to make and publish in print or electronically reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the United States for the admini…

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…