O.C.G.A. § 40-4-45 (2019)

Annotations

RESEARCH REFERENCES C.J.S. 60 C.J.S., Motor Vehicles, §§ 1 et seq., 15, 18, 78, 86 et seq. ALR. Constitutionality, construction, and

effect of statute relating specifically to rights, remedies, and obligations of parties to sale of farm machinery, 78 A.L.R. 1363; 87 A.L.R. 290.

CHAPTER 5 DRIVERS’ LICENSES Sec.

Article 1 General Provisions Sec.

Definitions. Keeping of records of applications for licenses and information on licensees; furnishing of information. Department employees as notaries public. Promulgation of rules and regulations. Authorized delay in compliance with federal Real ID Act. Reciprocal agreements with other states, districts, territories, and foreign countries for the operation of motor vehicles and required testing; “limited term” notation. Form for making anatomical gifts upon issuance or renewal of driver’s license or identification card. [Reserved] Blue Ribbon Young Driver and DUI Study Commission; creation; membership; purpose; meetings; compensation; reports to Governor and General Assembly; termination. Registration of applicants with United States Selective Service System; notification that signature constitutes consent. Pauper’s affidavit for a partial waiver of driver’s license reinstatement and restoration fees. Driver education training courses.

Article 2 Issuance, Expiration, and Renewal of Licenses

License required; surrender

of prior licenses; local licenses prohibited. Exemptions generally. Temporary licenses, permits, or special identification cards; foreign licenses or identification cards as evidence of legal presence in the United States; extensions. Compliance with Systematic Alien Verification for Entitlements Program; application; implementation. Issuance of instruction permit or driver’s license to person under 18 years of age; persons not to be licensed. Reinstatement after delinquency adjudication for driving under the influence of alcohol or drugs for child under 16 years of age. Classes of licenses. Instruction permits; graduated licensing and related restrictions; temporary licenses. Applications; fees; provisions for voluntary participation in various programs. Applications of minors; revocation request of minor’s instruction permit or license; distinctive licenses for persons under 21. Examination of applicants. Issuance and contents of licenses; county tag agents; Class E and Class F licenses for volunteer firefighters. Use of social security numbers. License to be carried and exhibited on demand. Restricted licenses. Replacement permits or licenses. Expiration and renewal of

MOTOR VEHICLES & TRAFFIC

Sec.

licenses; reexamination required; electronic renewal notices. Change of address or name. Driver License Advisory Board. Disqualifying disorders and disabilities; reports by physicians and vision specialists; procedure when person found unqualified to be licensed. Veterans’ licenses, honorary licenses, and other distinctive licenses. Expiration of active duty service members’ licenses. Notation of post-traumatic stress disorder. Requirements for operation of a motor vehicle for hire; for-hire license endorsements and eligibility; term; background checks.

Sec.

Article 3 Cancellation, Suspension, and Revocation of Licenses

Authority of department to cancel license or identification card. Suspension of driving privilege of nonresident; reporting convictions, suspensions, and revocations of nonresidents. Suspension of license or operating privilege for conduct in another state. Surrender of license to court of conviction; report of conviction to department; destruction of license. Mandatory suspension of license; notice of suspension. Denial or suspension of license for noncompliance with child support order. Implied consent to chemical tests. Suspension of license or driving privilege for failure to respond to citation; reinstatement of license.

Suspension or revocation of license of habitually negligent or dangerous driver; point system. Suspension of licenses of persons under 21 years for certain offenses; suspension of licenses of persons under 18 years for certain point accumulation. Suspension of license for reckless stunt driving. Penalty for multiple convictions of causing serious injury due to right of way violations. Habitual violators; probationary licenses. Reexamination of drivers believed to be incompetent or unqualified. When revocation or suspension effective; notice. Surrender and return of license; time served under such sentence credited toward fulfillment of period of revocation or suspension. Periods of revocation; time served under such sentence credited toward fulfillment of period of revocation; conditions to restoration of license or issuance of new license. Periods of suspension for certain convictions of Code Section 40-5-54 or 40-6-391; conditions to return of license. Clinical evaluation and substance abuse treatment programs for certain offenders. Limited driving permits for certain offenders. Ignition interlock device limited driving permits. Restriction as to operation under foreign license during period of revocation or suspension. Appeals from decisions of department. Seizure and disposition of

Sec.

Sec. driver’s license of persons charged with driving under the influence; issuance of temporary driving permit; disposition of cases. Chemical tests; implied consent notices; rights of motorists; test results; refusal to submit; suspension or disqualification; administrative license suspension hearing and review; inspection and certification of breath-testing instruments. Terms and conditions for implied consent license suspension; administrative license suspension in relation to post-conviction suspension. [Reserved] Suspension of licenses by operation of law for failure to complete alcohol or drug program. Circumstances not affecting suspensions by operation of law. Suspension of license, license tag, and tag registration for operation of vehicle without effective insurance. [Reserved] Notice of insurance issuance, renewal, or termination; lapse fee; suspension of license following insurance termination; restricted driving permits. Forwarding of suspended license, license tag, and tag registration to department. Limited applicability. Defacement or alteration of seized license prohibited.

ment or suspension of license or issuance of limited driving permit or ignition interlock device limited driving permit; time credited toward fulfillment of period of license suspension. Article 4 Restoration of Licenses to Persons Completing Defensive Driving Course or Alcohol or Drug Program

Suspension of License for Being in Control of a Moving Vehicle Under the Influence of a Controlled Substance or Marijuana

Identification Cards

Suspension of licenses by operation of law; reinstatement. Court ordered reinstate-

Purpose of article. Certification and approval of courses by department; prohibited behavior by a clinic or program. Administration of program. Approval and operation of driver improvement clinics; criteria for defensive driving courses, alcohol and drug courses, and driving under the influence risk reduction programs. Reinstatement of licenses suspended for certain offenses or for points. Red stripe upon reinstated license for repeat offenders of driving under the influence of alcohol or drugs. Reduction of point count upon completion of course. Conditions of article exclusive. Administrative penalties. Article 5

Article 3A

Application; contents of card; prohibition on possession of more than one card; optional contributions to and participation in voluntary programs. Rules and regulations. Applicant to furnish proof of birth date. Fee; issuance period; exemptions from fees; renewal.

Sec.

MOTOR VEHICLES & TRAFFIC Sec. False statement in application. Application of Code Section Impact of display to officer of identification in electronic format. Issuance of identification cards upon release from confinement.

Article 6

Miscellaneous Offenses and Jurisdiction of Offenses

Unlawful use of license or identification card; penalties for violations of chapter generally. Driving while license suspended or revoked. Permitting unlicensed person to drive. Permitting unauthorized minor to drive. Jurisdiction of offenses. Fraudulent driver’s license or identification card; false statements or commission of fraud in applications; criminal violation.

Article 7 Commercial Drivers’ Licenses

Short title. 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 prospective employer. Duties of employer. Operation of commercial motor vehicle without valid license or driving privilege. Requirements for issuance of license or instruction permit; administration of skills

test by third party; waiver or exemption; disqualification and notice. Nonresident license. Restricted commercial licenses for persons in agricultural industry. Issuance of nonresident commercial drivers’ licenses. Submission of medical examiner’s certificate; penalty for false submissions. Contents of application; application required when name, mailing address, or residence changed. Contents of license; classifications; endorsements and restrictions; information to be obtained before issuance; notice of issuance; expiration of license; renewal. Disqualification from driving; action required after suspending, revoking, or canceling license or nonresident privileges. Operating a commercial motor vehicle while having measurable alcohol in system; refusal to take chemical test. Implied consent to chemical test; administration of test; procedure. Notice to licensing state of conviction of nonresident licensee for violation of state law or local ordinance. Information to be available to driver’s license administrators of other states, employers, and insurers. Rules and regulations. Authority for commissioner to enter into agreements, arrangements, or declarations. Driving with license issued by state or province or territory of Canada in accordance with minimum federal standards.

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Sec.

Violations. Article 8

Identification Cards for Persons with Disabilities

Definitions. 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.

Cross references. Driver education course included for purposes of enrollment counts of public school students, § 20-2-160. Registration and licensing of motor vehicles, § 40-2-1 et seq. Licenses for driver training instructors and operators of driver training schools, § 43-13-1 et seq. Editor’s notes. Since the purpose of Ga. L. 1990, p. 2048, was to “revise, reorganize, modernize, consolidate, and clarify” laws relating to certain aspects of the motor vehicle code, wherever it was possible to do so, other Acts amending Title 40 were construed in conjunction with Ga. L. 1990, p. 2048. This construction particularly includes Acts amending a given Code section when the Code section was later renumbered or redesignated by Ga. L. 1990, p. 2048.

Format of card. 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 license. Fraudulent identification cards; penalties.

Ga. L. 1990, p. 2048, § 17, not codified by the General Assembly, provides: “Prosecution for any violation of Sections 4 and 5 of this Act occurring prior to January 1, 1991, is not affected or abated by this Act.” Administrative rules and regulations. Driver License Services, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Driver Services, Rule 375-3-1-.01 et seq. Law reviews. For note on 1991 amendments to this chapter, see 8 Georgia St. U.L. Rev. 129 (1992). For comment, “You Better Smile When You Say ‘Cheese!’: Whether the Photograph Requirement for Drivers’ Licenses Violates the Free Exercise Clause of the First Amendment,” see 61 Mercer L. Rev. 611 (2010).

JUDICIAL DECISIONS Effect of chapter. - O.C.G.A. § 40-5-1 et seq. comprehensively revised the provisions for licensing drivers. Littlejohn

v. State, 165 Ga. App. 562, 301 S.E.2d 917, 1983 Ga. App. LEXIS 1951 (1983).

OPINIONS OF THE ATTORNEY GENERAL Suspension and retention of licenses of convicted racers. - Amendment to the Uniform Rules of the Road Act (see now O.C.G.A. § 40-6-1 et seq.), having been approved by the Governor subsequent to approval of the

Drivers Licensing Act, prevails over the Drivers Licensing Act to the extent that there is a conflict between them; thus, the department should continue to suspend and retain drivers licenses of persons convicted of racing in accordance with the

MOTOR VEHICLES & TRAFFIC

provisions of the Uniform Rules of the Road Act and disregard the inconsistent provisions of the Drivers Licensing Act which were approved prior to the Uniform Rules of the Road Act. 1975 Op. Att’y Gen. 75-117.

Disclosure of driving record to private attorney may not be made without authorization from the driver to whom the disclosure relates. 1975 Op. Att’y Gen. No. 75-122.

RESEARCH REFERENCES Am. Jur. 2d. 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 100 et seq. ALR. Civil rights and liabilities as affected by failure to comply with regulations as to registration of automobile or motorcycle, or licensing of operator, 58 A.L.R. 532; 61 A.L.R. 1190; 78 A.L.R. 1028; 87 A.L.R. 1469; 111 A.L.R. 1258; 163 A.L.R. 1375. Sufficiency of indictment or information

charging in words of statute offense relating to operation of automobile, 115 A.L.R. 357. Traffic violation as violation of law within provision of life or accident insurance policy or certificate excepting death or injury due to violation of law, 125 A.L.R. 1104. Negligent entrustment of motor vehicle to unlicensed driver, 55 A.L.R.4th 1100.

ARTICLE 1 GENERAL PROVISIONS Cross references. Completion of program for operation of

watercraft while under influence of alcohol, toxic vapors, or drugs, § 52-7-12.