O.C.G.A.

O.C.G.A. § 40-5-9 (2019)

Pauper’s affidavit for a partial waiver of driver’s license reinstatement and restoration fees

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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) A pauper’s affidavit may be filed in lieu of paying the driver’s license reinstatement or restoration fee otherwise required by this chapter. An individual filing a pauper’s affidavit shall under oath affirm his or her poverty and his or her resulting inability to pay the driver’s license reinstatement or restoration fee otherwise required by this chapter. The form of the affidavit shall be prescribed by the commissioner and shall indicate on its face that such individual has neither the income nor the assets to pay the fee otherwise required. The following warning shall be printed on the affidavit form prepared by the commissioner, to wit: “WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.”

(b) Upon the submission of a pauper’s affidavit, the driver’s license reinstatement or restoration fee shall be waived.

(c) The commissioner may promulgate such rules and regulations as are necessary to implement this Code section.

History

Code 1981, § 40-5-9, enacted by Ga. L. 2016, p. 443, § 4-1/SB 367; Ga. L. 2024, p. 560, § 6/HB 926, effective May 2, 2024. Amendments. The 2024 amendment, effective May 2, 2024, substituted “waived” for “50 percent of the fee required by law” at the end of subsection (b) and added subsection (c).

Annotations

Effective date. - This Code section became effective July 1, 2016.

Law reviews. - For article on the 2016 enactment of this Code section, see 33 Georgia St. U.L. Rev. 139 (2016).

Administrative Rules and Regulations. - Pauper's affidavit for reinstatement or restoration fees, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Driver Services, Driver License Services, Revocation and Suspension, § 375-3-3-.23.

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ARTICLE 2 ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES

Administrative Rules and Regulations. - Renewals, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Driver Services, Driver License Services, Chapter 375-3-2.

Driver Training Schools, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Driver Services, Driver Training and Driver Improvement, Subject 375-5-2.

RESEARCH REFERENCES

ALR. - Civil rights and liabilities as affected by failure to comply with regulations as to registration of automobile or motorcycle, or licensing of operator, 58 A.L.R. 532; 61 A.L.R. 1190; 78 A.L.R. 1028; 87 A.L.R. 1469; 111 A.L.R. 1258; 163 A.L.R. 1375; 53 A.L.R.2d 850.

Validity of statute or ordinance relating to granting or revocation of license or permit to operate automobile, 71 A.L.R. 616; 108 A.L.R. 1162; 125 A.L.R. 1459.

Construction, applicability, and effect of traffic regulation prohibiting vehicles from passing one another at street or highway intersection, 53 A.L.R.2d 850.

State's liability to one injured by improperly licensed driver, 41 A.L.R.4th 111.