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2018 Georgia Code 40-5-146 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-5-146 Case Law from Google Scholar Amendments to OCGA 40-5-146

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 5. Drivers' Licenses, 40-5-1 through 40-5-179.

ARTICLE 7 COMMERCIAL DRIVERS' LICENSES

40-5-146. Operation of commercial motor vehicle without valid license or driving privilege.

  1. 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.
    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.

(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.)

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).

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.

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