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2018 Georgia Code 40-5-34 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-5-34 Case Law from Google Scholar Amendments to OCGA 40-5-34

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 2 ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES

40-5-34. Driver License Advisory Board.

  1. The commissioner is authorized to appoint a Driver License Advisory Board.
  2. The Driver License Advisory Board shall advise the commissioner on medical criteria and vision standards relating to the licensing of drivers under this chapter.
  3. If the department has cause to believe that a licensed driver or applicant may not be physically or mentally qualified to be licensed, it may obtain the advice of the Driver License Advisory Board. The Driver License Advisory Board may formulate its advice from records and reports or may cause an examination and report to be made by one or more members of the Driver License Advisory Board or any other qualified person it may designate. The licensed driver or applicant may cause a written report to be forwarded to the Driver License Advisory Board by a person of his choice who is licensed under Chapter 30 of Title 43 and Article 2 of Chapter 34 of Title 43 to diagnose and treat disorders of humans. Such report shall be given due consideration by the Driver License Advisory Board.
  4. Members of the Driver License Advisory Board and other persons making examinations shall not be held liable for their opinions and recommendations presented pursuant to subsection (c) of this Code section.
  5. Reports received or made by the Driver License Advisory Board or its members for the purpose of assisting the department in determining whether a person is qualified to be licensed are for the confidential use of the Driver License Advisory Board or the department and may not be divulged to any person or used as evidence in any trial except that the reports may be admitted in proceedings under subsection(c) of Code Section 40-5-59 and Code Section 40-5-66, and any person conducting an examination pursuant to subsection (c) of this Code section may be compelled to testify concerning his observations and findings in such proceedings.

(Code 1933, § 68B-216, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1990, p. 2048, § 4.)

Administrative Rules and Regulations.

- Driver's License Advisory Board, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Driver Services, Driver License Services, Subject 375-3-5.

JUDICIAL DECISIONS

Applicability of subsection (c).

- Subsection (c) of former Code 1933, § 68B-216 (see now O.C.G.A. § 40-5-34) applied only when a medical condition formed the basis for not issuing or reissuing a license, not when the action of the department in revoking a driver's license was based on the driver's repeated convictions of driving while under the influence of alcohol. Camp v. Department of Pub. Safety, 241 Ga. 419, 246 S.E.2d 296 (1978).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 23, 102, 103, 120.

C.J.S.

- 60 C.J.S., Motor Vehicles, §§ 29 et seq., 322 et seq.

ALR.

- Denial, suspension, or cancellation of driver's license because of physical disease or defect, 38 A.L.R.3d 452.

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