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2018 Georgia Code 40-5-36 | Car Wreck Lawyer

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

40-5-36. Veterans' licenses, honorary licenses, and other distinctive licenses.

  1. Except as specifically provided in this chapter, no part of this chapter shall be interpreted as affecting the rights and privileges of a person holding a veteran's, honorary, or distinctive license, and nothing in this chapter shall be construed so as to authorize the department to impose any charge or fee of any type whatsoever for the issuance or renewal of a veteran's, honorary, or distinctive license; provided, however, that the commissioner may issue regulations on types and classes of vehicles which may be operated by the holder of such license.
  2. The commissioner shall establish by rules and regulations the proof required to be produced by an applicant for a veteran's, honorary, or distinctive license. The contents of such license shall be the same as for any other license. The forms upon which such licenses are issued shall be such that the licenses are of a permanent nature, provided that nothing in this subsection shall authorize the department to require any person holding a veteran's or honorary license before January 1, 1976, to surrender such license. Veterans', honorary, and distinctive licenses shall not be subject to any fees.
  3. Veterans' licenses may be issued to:
    1. Veterans who were residents of Georgia at the time of enlistment or commissioning and are residents at the time of application for the license, or who have been residents of Georgia for at least two years immediately preceding the date of application for the license, who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or any conflict when personnel were committed by the President of the United States, whether or not such veteran was assigned to a unit or division which directly participated in such war or conflict, except for periodic transfer from reserve status to active duty status for training purposes, and who were discharged or separated under honorable conditions; and
    2. All members or former members of the National Guard or reserve forces who have 20 or more years' creditable service therein.
  4. Honorary licenses may be issued to:
    1. A resident of Georgia who is the surviving spouse of a veteran as defined by paragraph (1) of subsection (c) of this Code section. Any license to such spouse shall be valid only as long as that person remains unmarried; or
    2. A resident of Georgia who is the spouse of a veteran who would be qualified to receive a veteran's license but who is disabled to the extent that he or she cannot operate a motor vehicle.
  5. A distinctive license may be issued to any member of the Georgia National Guard in good standing who has completed at least one year of satisfactory service. The department shall have the authority to cancel the distinctive license of any person upon receipt of written notice from the adjutant general who shall notify the department that the person is no longer a member of the Georgia National Guard in good standing.

(Ga. L. 1949, p. 1152, §§ 2-5; Ga. L. 1966, p. 546, §§ 3-7, 12; Ga. L. 1966, p. 553, § 2; Code 1933, § 68B-218, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1978, p. 2191, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 1992, p. 1496, § 1; Ga. L. 1994, p. 393, § 3; Ga. L. 2000, p. 951, § 5-13; Ga. L. 2004, p. 471, § 10.)

JUDICIAL DECISIONS

Issuance not constituting contract.

- Issuance of veterans' license under statute providing for permanent veterans' licenses did not constitute contract between a veteran and the state. Littlejohn v. State, 165 Ga. App. 562, 301 S.E.2d 917 (1983).

Renewal of licenses.

- From the language employed in O.C.G.A. Ch. 5, T. 40 since 1975, it is apparent that the legislature contemplated that the veterans' licenses would expire in the same way as other licenses and must be renewed every four years. Littlejohn v. State, 165 Ga. App. 562, 301 S.E.2d 917 (1983).

Surrender of licenses.

- Provision in subsection (b) of O.C.G.A. § 40-5-36, that holders of veterans' licenses issued prior to 1976 may not be compelled to surrender the license, does not mean that veterans' licenses issued prior to 1976 do not expire but rather that holders of such licenses may not be compelled to permanently physically relinquish those licenses. Neither the provision for renewal nor the provision for temporary retention of a license in lieu of bond amounts to a requirement that a licensee "surrender" the license. Littlejohn v. State, 165 Ga. App. 562, 301 S.E.2d 917 (1983).

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