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

O.C.G.A. § 40-5-146 (2019)

Operation of commercial motor vehicle without valid license or driving privilege

✓ 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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(a) Except when driving under a commercial driver’s instruction permit and accompanied by the holder of a commercial driver’s license valid for the vehicle being driven, no person may operate a commercial motor vehicle unless the person has been issued and is in immediate possession of a commercial driver’s license valid for the vehicle he or she is driving. (b)(1) No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or canceled, or while subject to a disqualification. (2) No person may drive a commercial motor vehicle in violation of an out of service order.

History

Code 1981, § 40-5-146, enacted by Ga.

L. 1989, p. 519, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 2006, p. 449, § 14/HB 1253.

Annotations

JUDICIAL DECISIONS Evidence sufficient to find defendant guilty of violating O.C.G.A. § 40-5-146(a). - Evidence presented during the bench trial was sufficient for the trial court to find the defendant guilty beyond a reasonable doubt of operating a commercial motor vehicle without being issued a commercial driver’s license valid for the vehicle in violation of the Uniform Commercial Driver’s License Act, O.C.G.A. § 40-5-140 et seq., specifically O.C.G.A. § 40-5-146(a), because the state

produced evidence that the combination (articulated) vehicle defendant operated had a gross combination weight rating of 26,500 pounds, which included a towed vehicle (trailer) with a gross vehicle weight rating in excess of 10,000 pounds; therefore, a “Class A” commercial driver’s license was required to operate the vehicle under the Act, O.C.G.A. § 40-5-150(b)(1). Williams v. State, 303 Ga. App. 407, 693 S.E.2d 613, 2010 Ga. App. LEXIS 366 (2010).

OPINIONS OF THE ATTORNEY GENERAL Weight rating of vehicle requiring commercial driver’s license for operation. - Commercial driver’s license is required for a driver to operate a

motor vehicle when the gross vehicle weight rating as registered with the county tag agent exceeds the amount specified. 1994 Op. Att’y Gen. No. U94-11.

Notes of Decisions
Cited in 1 case, 2010–2010 · leading case: Williams v. State, 693 S.E.2d 613 (Ga. Ct. App. 2010).
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Williams v. State, 693 S.E.2d 613 (Ga. Ct. App. 2010). · cites it 8× “Robert Ransom Williams IV was found guilty in a bench trial of violating OCGA § 40-5-146 (a) by operating a commercial motor vehicle without being issued a commercial driver’s license valid for the vehicle.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.