O.C.G.A.
O.C.G.A.

O.C.G.A. § 40-5-141 (2019)

Purpose and applicability of article; liberal construction

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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The purpose of this article is to implement the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by permitting commercial drivers to hold only one license; disqualifying commercial drivers who have committed certain criminal or other offenses or serious traffic violations; and strengthening commercial driver licensing and testing standards. This article is a remedial law and shall be liberally construed to promote the public health, safety, and welfare. To the extent that this article conflicts with general driver licensing provisions, this article shall prevail. Where this article is silent, the general driver licensing provisions shall apply.

History

Code 1981, § 40-5-141, enacted by Ga.

L. 1989, p. 519, § 1; Ga. L. 1990, p. 2048, § 4.

MOTOR VEHICLES & TRAFFIC

Notes of Decisions
Cited in 2 cases, 1997–2010 · leading case: Roberson v. State, 491 S.E.2d 864 (Ga. Ct. App. 1997).
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Roberson v. State, 491 S.E.2d 864 (Ga. Ct. App. 1997). · cites it 4× “3 OCGA § 40-5-141. The Georgia Act states that it “shall be liberally construed to promote the public health, safety, and welfare.”
Williams v. State, 693 S.E.2d 613 (Ga. Ct. App. 2010). · cites it 2× “*408 OCGA § 40-5-141. Williams was charged with violating OCGA § 40-5-146 (a) by operating a combination (articulated) commercial motor vehicle with a gross combination weight rating of the power unit (tractor) and the towed unit (trailer) of 26,001 or more pounds, without…”
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