2018 Georgia Code Annotated

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Chap.

• 1. Identification and Regulation, 40-1-1 through 40-1-200.
• 2. Registration and Licensing of Motor Vehicles, 40-2-1 through 40-2-168.
• 3. Certificates of Title, Security Interests, and Liens, 40-3-1 through 40-3-95.
• 4. Identification of and Purchase and Resale of Motor Vehicles and Parts, 40-4-1 through 40-4-45.
• 5. Drivers' Licenses, 40-5-1 through 40-5-179.
• 6. Uniform Rules of the Road, 40-6-1 through 40-6-397.
• 7. Off-road Vehicles, 40-7-1 through 40-7-6.
• 8. Equipment and Inspection of Motor Vehicles, 40-8-1 through 40-8-291.
• 9. Reporting Accidents; Giving Proof of Financial Responsibility, 40-9-1 through 40-9-103.
• 10. Governor's Office of Highway Safety, 40-10-1 through 40-10-10.
• 11. Abandoned, Derelict, and Civil Forfeiture of Motor Vehicles, 40-11-1 through 40-11-24.
• 12. Actions Against Nonresident Motorists, 40-12-1 through 40-12-8.
• 13. Prosecution of Traffic Offenses, 40-13-1 through 40-13-64.
• 14. Use of Speed Detection Devices and Red Light Cameras, 40-14-1 through 40-14-26.
• 15. Motorcycle Operator Safety Training Program, 40-15-1 through 40-15-5.
• 16. Department of Driver Services, 40-16-1 through 40-16-8.

Chapter 1. Identification and Regulation, 40-1-1 through 40-1-200.

Article 1 General Provisions.

• 40-1-1. Definitions.
• 40-1-2. How horsepower determined.
• 40-1-3. Requiring or permitting unlawful operation of vehicle.
• 40-1-4. Stickers, decals, or emblems containing profane or lewd words describing sexual acts, excretory functions, or parts of the human body.
• 40-1-5. Disclosure by dealer of damage to new motor vehicles.
• 40-1-6. Uniforms of law enforcement officers.
• 40-1-7. Blue light required for officers enforcing traffic; exception.
• 40-1-8. Safe operations of motor carriers, commercial motor vehicles, and drivers; safe transportation of hazardous materials; penalties.
• 40-1-9. (Repealed effective January 1, 2020) Analysis on elimination of revalidation decal requirement for motor vehicle registration.

Article 2 Transportation of Hazardous Materials.

• 40-1-20. Short title.
• 40-1-21. Safe transportation of hazardous materials within state.
• 40-1-22. Definitions.
• 40-1-23. Regulatory compliance inspections; notification; contacts with state; permit required for transporting materials; escorts or inspections; exceptions; recovery for damage or discharge; civil monetary penalties; routing agencies; adoption of regulations.
• 40-1-24. Enforcement; use of funds; regulatory compliance inspections by others; examination of facilities.
• 40-1-25. Severability.

Article 3 Motor Carriers.

Part 1 GEORGIA MOTOR CARRIER ACT OF 2012.

• 40-1-50. Short title.
• 40-1-51. Legislative findings; construction.
• 40-1-52. Establishment of Motor Carrier Compliance Division.
• 40-1-53. "Department" defined; methods of enforcement.
• 40-1-54. Rules and regulations for implementation and administration.
• 40-1-55. Penalty for violations.
• 40-1-56. Financial penalty for violations; suspension of certificate or permit; notice; review.
• 40-1-56.1. Unpaid assessments; liens on identifiable vehicles; perfection; suspension of registration.
• 40-1-57. Applicability of prior action of Public Service Commission.

Part 2 CERTIFICATION OF MOTOR CARRIERS.

• 40-1-100. Definitions.
• 40-1-101. Regulatory compliance inspections; regulation of business; requirements of motor carriers.
• 40-1-102. Certificate or permit prerequisite to operation; minimum insurance requirement.
• 40-1-103. Application form for certificate; issuance to qualified applicant.
• 40-1-104. Revocation, alteration, or amendment of certificate or permit; suspension; out-of-service orders.
• 40-1-105. Transfer of certificate.
• 40-1-106. Fitness of applicant; protest of application by certificate holder.
• 40-1-107. Information in application.
• 40-1-108. Transportation of persons under age 21 drinking alcohol.
• 40-1-109. Fees upon initial application.
• 40-1-110. Hearing and notice of pending application.
• 40-1-111. Limitation upon reapplication for denied applicants.
• 40-1-112. Insurance of motor carriers.
• 40-1-113. Transportation contracts limiting liability.
• 40-1-114. Temporary emergency authority issued to carriers.
• 40-1-115. Notice of discontinuance of route.
• 40-1-116. Additional taxation prohibited by localities.
• 40-1-117. Registered agents of nonresident motor carrier; service; venue for cause action; vehicles excluded from motor carrier or contract carrier; covered farm vehicles.
• 40-1-118. Establishment of just and reasonable rates, fares, and charges for transportation.
• 40-1-119. Charges by motor carriers; unjust discrimination by carriers prohibited.
• 40-1-120. Limiting baggage size for motor carrier's passengers.
• 40-1-121. Inspection of books and records.
• 40-1-122. Observing laws; schedule of operation.
• 40-1-123. Enjoining operation of motor carriers.
• 40-1-124. Perpetual franchise over public highways prohibited.
• 40-1-125. Hearing upon suspension or revocation of motor carrier certificate; judicial review.
• 40-1-126. Carriers engaged in interstate and intrastate commerce.
• 40-1-127. Actions for recovery of overcharges; rates, charges, and claims for loss or damage.
• 40-1-128. Accepting or receiving rebates or drawbacks; prima-facie evidence of intentional violation; burden of claiming exception.
• 40-1-129. Fines for violating certificate requirement; advertising services without certificate prohibited.
• 40-1-130. Inclusion of motor carrier authorization number in advertising.

Part 3 GEORGIA LIMOUSINE CARRIERS.

• 40-1-150. Short title.
• 40-1-151. Definitions.
• 40-1-152. Operation in accordance with provisions; certificate for limousine carrier required.
• 40-1-153. Application form for limousine carriers; issuance to qualified applicants.
• 40-1-154. Compliance with Code Section 40-1-8.
• 40-1-155. Transferring or encumbering certificates.
• 40-1-156. Grounds for cancellation, revocation, or suspension of limousine carrier certificate.
• 40-1-157. Validity of certificates.
• 40-1-158. For-hire license endorsement or private background check certification required.
• 40-1-159. Application fees.
• 40-1-160. Transportation of persons under age 21 drinking alcohol.
• 40-1-161. Revocation, alteration, or amendment of limousine certificate.
• 40-1-162. State regulates limousine carriers; preemption; limousine carrier doing business at a county or municipal airport.
• 40-1-163. Rates and charges.
• 40-1-164. Notice and opportunity to be heard by carriers.
• 40-1-165. Motor carrier authorization number of limousine carriers included in advertisement.
• 40-1-166. Commercial indemnity and liability insurance.
• 40-1-167. Required information on license plates of limousines.
• 40-1-168. Local taxation of limousine carriers prohibited.
• 40-1-169. Enforcement.
• 40-1-170. Application to every vehicle controlled by limousine carrier.

Part 4 RIDE SHARE NETWORK SERVICES AND TRANSPORTATION REFERRAL SERVICES.

• 40-1-190. Definitions.
• 40-1-191. Legislative findings; preemption; ride share network service, transportation referral service, transportation referral service provider, and taxi service doing business at a county or municipal airport.
• 40-1-192. Transportation referral service provider registration requirement; licensure; exemptions; additional requirements.
• 40-1-193. Ride share network service registration requirement; licensure; required list of all ride share drivers; additional requirements for ride share network service businesses and drivers; law enforcement access to digital information in smart phone of driver.
• 40-1-193.1. Registration of taxi services; requirements to operate taxi service.
• 40-1-194. Prohibition on contracting with carriers, drivers, or taxi services not properly licensed or insured; penalties for violations.
• 40-1-195. Inclusion of license number issued by department in advertising; requirements for signage or emblem approved by Department of Public Safety.
• 40-1-196. Rates charged.
• 40-1-197. Promulgation of rules and regulations.
• 40-1-198. Requirement to maintain current list of drivers.
• 40-1-199. Waivers.
• 40-1-200. Inapplicability to equine drawn or other nonmotorized vehicles.

• General Consideration
• Highway
• Motor Vehicle
• Tractor
• Trailer
• Vehicle

Chapter 2. Registration and Licensing of Motor Vehicles, 40-2-1 through 40-2-168.

Article 1 General Provisions.

• 40-2-1. Definitions.
• 40-2-2. Violations of chapter generally; penalties.
• 40-2-3. False statement in application as constituting false swearing.
• 40-2-4. Manufacture of plates and decals prohibited.
• 40-2-5. Unlawful actions relating to license plate; use of expired prestige license plate.
• 40-2-6. Alteration of license plates; operation of vehicle with altered or improperly transferred plate.
• 40-2-6.1. Obscuring license plate in order to impede surveillance equipment.
• 40-2-7. Removing or affixing license plate with intent to conceal or misrepresent.
• 40-2-8. (For effective date, see note.) Operation of unregistered vehicle or vehicle without current license plate, revalidation decal, or county decal; storage of unlicensed vehicle; temporary plate issued by dealers of new or used motor vehicles.
• 40-2-8.1. Operation of vehicle without revalidation decal on license plate.
• 40-2-9. Space for county name decal; display of "In God We Trust" decal in lieu of county name decal.
• 40-2-10. Voluntary cancellation of vehicle registration.
• 40-2-11. Administration of chapter.

Article 2 Registration and Licensing Generally.

• 40-2-20. Registration and license requirements; certificate of registration and temporary operating permit; two-year registration option for new motor vehicles.
• 40-2-20.1. Redesignated.
• 40-2-21. Registration periods.
• 40-2-22. Application to local tag agents or commissioner.
• 40-2-23. County tax collectors and tax commissioners designated tag agents.
• 40-2-24. Bonds of tag agents.
• 40-2-25. Processing by private persons of applications for registration.
• 40-2-25.1. Redesignated.
• 40-2-26. Form and contents of application for registration; heavy vehicle tax; satisfactory proof of insurance coverage.
• 40-2-27. Registration of motor vehicles not manufactured to comply with federal emission and safety standards; certificate of registration for an assembled motor vehicle or motorcycle; former military motor vehicles.
• 40-2-28. Proof of ownership.
• 40-2-29. (For effective date, see note.) Registration and license plate requirement; license fee to accompany application; temporary operating permit; penalties.
• 40-2-29.21. Redesignated.
• 40-2-30. Purchase by mail.
• 40-2-31. Five-year and annual license plates; design; costs of manufacture and delivery retained from registration fees; revalidation and county decals; "In God We Trust" decals.
• 40-2-32. Commemoration of college or university [Repealed].
• 40-2-32.1. Commemorative license plates for Georgia organizations; promotional agreements; fees [Repealed].
• 40-2-33. Issuance of license plates and decals; payment and disposition of fees; compensation of tag agents; required identification.
• 40-2-34. Reports and remittances by tag agents.
• 40-2-35. Commissioner to have license plates and decals by December 1.
• 40-2-36. Commissioner to furnish license plates and decals to tag agents; inventories and affidavits of missing plates; sale of plates for vehicles weighing more than 26,000 pounds.
• 40-2-36.1. Redesignated.
• 40-2-37. Registration and licensing of vehicles of state and political subdivisions.
• 40-2-38. Registration and licensing of manufacturers, distributors, and dealers; issuance of manufacturer, distributor and dealer plates.
• 40-2-38.1. Transporter license plate.
• 40-2-39. Registration and licensing of new motor vehicle dealers; temporary site permits; administrative fines; penalty.
• 40-2-39.1. Restrictions on sale or advertising of used motor vehicles displayed or parked; exceptions; enforcement; penalty.
• 40-2-40. Registration of delinquent vehicles; collection and disposition of penalties.
• 40-2-41. Display of license plates.
• 40-2-41.1. Authentic historical Georgia license plates.
• 40-2-42. Transfer of license plates and revalidation decals.
• 40-2-43. Certificate of registration; replacement of lost registration certificate; issuing of duplicates.
• 40-2-44. Reporting of theft, loss, or mutilation of license plates or revalidation decals; issuance of duplicates or replacements.
• 40-2-45. Transferring license plate or revalidation decal for "salvage", "rebuilt", damaged, or demolished motor vehicles.
• 40-2-46. License plate commemorating 1996 Olympic Games [Repealed].
• 40-2-47. Permanent registration and license plates for certain trailers; "leased or rented trailer" defined.
• 40-2-48 through 40-2-49.1. [Repealed].
• 40-2-49.2. License plates promoting the conservation of wildflowers [Repealed].
• 40-2-49.3. License plates promoting dog and cat reproductive sterilization support programs [Repealed].

Article 2A Fleet Vehicles.

• 40-2-50. Definitions.
• 40-2-51. Fleet enrollment.
• 40-2-52. Registration and licensing of fleet motor vehicles.
• 40-2-53. License plates for fleet motor vehicles.
• 40-2-54. Audits; regulatory authority.
• 40-2-55. Termination of participation in fleet registration plan.

Article 3 Prestige License Plates and Special Plates for Certain Persons and Vehicles.

• 40-2-60. Prestige license plates.
• 40-2-60.1. Standardized administrative process for special license plates; designs; fees; application process.
• 40-2-61. Special license plates for U.S. Senators and Congressmen, Governor, Lieutenant Governor, Speaker of House of Representatives, Justices of Supreme Court, and Judges of Court of Appeals.
• 40-2-62. Special license plates for members of General Assembly.
• 40-2-63. Special license plates for sheriffs.
• 40-2-63.1. Special license plates for public safety first responders injured in line of duty.
• 40-2-64. Honorary consuls' license plates.
• 40-2-64.1. Foreign Organization license plates.
• 40-2-65. Special license plates for members of active reserve components of the United States.
• 40-2-66. Special license plates for members of Georgia National Guard.
• 40-2-67. Special license plates for state commanders of nationally chartered veterans' organizations.
• 40-2-68. Special license plates for Medal of Honor winners.
• 40-2-69. Free license plates and revalidation decals for disabled veterans.
• 40-2-70. Special license plates for disabled veterans not qualifying under Code Section 40-2-69.
• 40-2-71. Design of disabled veteran plates; restrictions on issuance and transfer.
• 40-2-71.1. Redesignated.
• 40-2-72. Penalty for violation of Code Sections 40-2-69 through 40-2-71.
• 40-2-73. Special license plates for former prisoners of war.
• 40-2-74. Special license plates for persons with disabilities.
• 40-2-74.1. Temporary, permanent, and special permanent parking permits for persons with disabilities.
• 40-2-75. Special license plates for amateur radio operators [Repealed].
• 40-2-75.1. Redesignated.
• 40-2-75.2. Redesignated.
• 40-2-76 through 40-2-78. [Repealed].
• 40-2-79. Leased or rented trailers [Repealed].
• 40-2-80. Transfer of special license plates.
• 40-2-81. Special license plates for members of the Georgia State Defense Force.
• 40-2-82. Distinctive license plates for Department of Public Safety vehicles for troopers of Georgia State Patrol or law enforcement officers of the Motor Carrier Compliance Division.
• 40-2-83. Special or prestige license plates for jointly owned vehicles; surrendering when joint ownership ceases.
• 40-2-84. License plates for veterans awarded Purple Heart.
• 40-2-85. License plates for veterans who survived attack on Pearl Harbor.
• 40-2-85.1. Special and distinctive license plates for certain veterans.
• 40-2-85.2. Veterans of the Chosin Reservoir Campaign of 1950.
• 40-2-85.3. Gold Star license plates.
• 40-2-86. (For effective date, see note.) Special license plates promoting or supporting certain worthy agencies, funds, or nonprofit corporations with proceeds disbursed to the general fund and the agency, fund, or nonprofit corporation.
• 40-2-86.1. Special license plates promoting or supporting certain worthy agencies, funds, or nonprofit corporations and qualified motor vehicles or drivers with proceeds deposited into the general fund.
• 40-2-86.2. License plates for Shrine hospitals for children [Repealed].
• 40-2-86.3. License plates commemorating Civil War battlefields and historic sites [Repealed].
• 40-2-86.4. License plates supporting public schools [Repealed].
• 40-2-86.5. Special license plates honoring educators; requirements; copyright; issuance; use of funds; transfer of plates [Repealed].
• 40-2-86.6. License plate promoting conservation and enhancement of trout populations [Repealed].
• 40-2-86.7 through 40-2-86.12. [Repealed].
• 40-2-86.13. Special license plates promoting historic preservation efforts [Repealed].
• 40-2-86.14. Special license plates for licensed physicians [Repealed].
• 40-2-86.15 through 40-2-86.17. [Repealed].
• 40-2-86.18. Redesignated.
• 40-2-86.19. Special license plates supporting the Global War on Terrorism and Operation Enduring Freedom [Repealed].
• 40-2-86.20. Special license plates supporting the Global War on Terrorism and Iraqi freedom [Repealed].
• 40-2-86.21. Redesignated.
• 40-2-86.22. Redesignated.

Article 3A Reciprocal Agreements for Registration of Commercial Vehicles.

• 40-2-87. Definitions.
• 40-2-88. Reciprocal agreements for registration of commercial vehicles on apportionment basis; registration under the International Registration Plan.
• 40-2-88.1. Electronic application for registration of commercial vehicles under the International Registration Plan.
• 40-2-89. Vehicle ineligible for registration if prohibited from being operated in interstate commerce.

Article 4 Vehicles of Nonresidents.

• 40-2-90. Operation of vehicles registered in other states.
• 40-2-91. Commissioner authorized to negotiate reciprocal agreements with adjoining states.
• 40-2-92. Reciprocal agreements subject to confirmation by General Assembly.
• 40-2-93. Reciprocal agreements while General Assembly not in session.
• 40-2-94. Publication of terms of reciprocal agreements; rules and regulations for enforcement.
• 40-2-95. Code Sections 40-2-91 through 40-2-93 inapplicable to motor vehicles for hire.

Article 5 Unregistered Motor Trucks.

• 40-2-110. "Motor truck" defined.
• 40-2-111. Highway use permit required for certain unregistered motor trucks; application; fee; identification tag to be displayed and permit to be carried in truck.
• 40-2-112. Additional fee for each round trip into state.
• 40-2-113. Collection of taxes and fees; rules and regulations.
• 40-2-114. Unlawful acts; penalties.

Article 6 Administration and Enforcement of Chapter.

• 40-2-130. Records of certificates of registration.
• 40-2-131. Disposition of fees.
• 40-2-132. Destruction of records by commissioner.
• 40-2-133. Enforcement of chapter.
• 40-2-134. Authority of certified law enforcement officers.
• 40-2-135. Revocation and seizure of license plates and renewal decals.
• 40-2-135.1. Suspension of offender's motor vehicle registration for multiple violations of toll provisions.
• 40-2-136. Surrender of license plates upon second or subsequent convictions of driving under the influence; special license plate for repeat driving under the influence offenders.
• 40-2-137. Electronic notice of insurance coverage and termination by insurance agent; notice of termination to owner; duties of owner; fees; insurance coverage for active military duty personnel.
• 40-2-138. Suspension or revocation of commercial vehicle registration when not in compliance with federal regulations.

Article 6A Administration of Federal Unified Carrier Registration Act of 2005.

• 40-2-140. Department of Public Safety to administer provisions; registration, insurance and fee requirements of motor carriers.

Article 7 Motor Vehicle License Fees and Classes.

• 40-2-150. Definitions.
• 40-2-151. Annual license fees for operation of vehicles; fee for permanent licensing of certain trailers; fee for new passenger car with paid title ad valorem taxes.
• 40-2-151.1. Highway impact fees for heavy vehicles; use of funds.
• 40-2-152. Fees for apportionable vehicles; restricted license plates for vehicles.
• 40-2-153. Registration and licensing of makers and dealers of motor vehicles; application; fee; dealer's number plate; prohibited uses; licensing of persons transporting motor vehicles, mobile homes, or house trailers; exemption of farm tractors [Repealed].
• 40-2-154. License plates for different classes of vehicles; distinguishing markings.
• 40-2-155. Transfers of annual licenses and plates to certain other vehicles upon application, approval, and payment of fees.
• 40-2-156. Rate of annual license fee for certain vehicles registered during specified parts of year.
• 40-2-157. Payment of fees under International Registration Plan.
• 40-2-158. Fee assessment to registrants [Repealed].
• 40-2-159. Time of application and payment for plate.
• 40-2-160. Liability of resident and nonresident motor vehicle operators for payment of taxes and fees; fees imposed on motor vehicles hauling certain agricultural products; issuance of special plate.
• 40-2-161. Rate of annual license fee for vehicles carrying passengers over route of 50 miles or less.
• 40-2-162. Apportionment of cost of annual license fees of motor buses to motor common carriers of passengers for hire operating partially outside state; formula; rules.
• 40-2-163. Purchase by truck or tractor owner of higher weight license plate; payment of difference between fees.
• 40-2-164. Decrease of allowable maximum weight (license class) for trucks and tractors; time; certain trucks not entitled to partial year license.
• 40-2-165. Purchase of new license plate by owner of truck weighing more than carried plate permits; credit for surrendered plate.
• 40-2-166. Violation of article; penalty.
• 40-2-167. Separately stated fees in a rental agreement; recoverable fees and taxes.
• 40-2-168. Registration and licensing of taxicabs and limousines; issuance of distinctive license plate.

Chapter 3. Certificates of Title, Security Interests, and Liens, 40-3-1 through 40-3-95.

Article 1 General Provisions.

• 40-3-1. Short title.
• 40-3-2. Definitions.
• 40-3-3. Powers and duties of commissioner.
• 40-3-4. Exclusions from issuance of certificate of title.
• 40-3-5. Stolen, converted, and recovered vehicles.
• 40-3-6. Hearings; judicial review.

Article 2 Certificates of Title.

• 40-3-20. Certificate of title prerequisite to registration; documentation required to register a vehicle purchased outside state.
• 40-3-21. (For effective date, see note.) Application for first certificate of title.
• 40-3-21.1. (Effective July 1, 2019) Conditional titles; requirements.
• 40-3-22. Examination of records.
• 40-3-23. Issuance of certificate of title; maintenance of record of certificates issued; public inspection; furnishing records for fee.
• 40-3-24. Contents of certificate; certificate as evidence; not subject to garnishment or other process.
• 40-3-25. Entry of odometer reading on certificate of title upon sale or transfer of vehicle.
• 40-3-25.1. Redesignated.
• 40-3-26. Delivery of certificate; notice to junior security interest holders and lienholders; disposition of certificate when first lien or security interest satisfied.
• 40-3-27. General procedure for reflecting a subsequent transaction on certificate.
• 40-3-28. Registration of vehicle where commissioner not satisfied as to ownership of vehicle; bond.
• 40-3-29. Refusing certificate.
• 40-3-29.1. Redesignated.
• 40-3-30. Requirement of compliance with federal safety standards.
• 40-3-30.1. Inspections of assembled motor vehicles and motorcycles.
• 40-3-31. Lost, stolen, mutilated, or destroyed certificates.
• 40-3-31.1. Replacement certificates of title for mobile homes [Repealed].
• 40-3-32. (For effective date, see note.) Transfer of vehicle generally.
• 40-3-32.1. Application for transfer of title to local tag agent by purchaser of manufactured home.
• 40-3-33. Transfer of vehicle to or from dealer; records to be kept by dealers; electronic filing; application for title where dealer located.
• 40-3-34. Transfer of vehicle by operation of law; termination of interest; joint interest with right of survivorship.
• 40-3-35. When commissioner to issue new certificate to transferee; filing and retention of surrendered certificates.
• 40-3-35.1. Redesignated.
• 40-3-35.2. Duty of Georgia Bureau of Investigation to inspect certain motor vehicles; authority to employ persons to carry out such inspections [Repealed].
• 40-3-36. Cancellation of certificate of title for scrap, dismantled, or demolished vehicles or trailers; salvage certificate of title; administrative enforcement; removal of license plates.
• 40-3-36.1. Designation of flood damaged or fire damaged vehicle on certificate of title.
• 40-3-37. Salvaged or rebuilt motor vehicles; inspections; fees; exemption of motorcycles; glider kits.
• 40-3-38. Fees.
• 40-3-39. Compensation of tag agents; mailing of applications to department.
• 40-3-40. Reports and remittances by tag agents.
• 40-3-41. Suspension or revocation of certificates.
• 40-3-42. Postmark as proof of timely submission of documents; responsibility for collection of penalty for late submission.
• 40-3-43. Transfer of certificate to person, firm, or corporation paying total loss claim on stolen vehicle; administrative fine enforcement alternative; authority of Commissioner of Insurance.

Article 3 Security Interests in and Liens on Motor Vehicles.

• 40-3-50. Perfection of security interests generally.
• 40-3-51. Creation of security interest by owner.
• 40-3-52. Perfection of second or subsequent security interests.
• 40-3-53. Perfection and enforcement of liens generally.
• 40-3-54. Mechanics' liens; how asserted and foreclosed.
• 40-3-55. Assignment of security interests and liens.
• 40-3-56. Satisfaction of security interests and liens.
• 40-3-57. Disclosure of information as to security interests and liens.
• 40-3-58. Exclusiveness of chapter.
• 40-3-59. Certain security interests not affected.
• 40-3-60. Security interest not created by provision for adjustment of rental price.
• 40-3-61. Proceeds of insurance policy to multiple lienholders in event of total loss of vehicle.

Article 4 Offenses.

• 40-3-90. Certain acts declared felonies.
• 40-3-91. Certain acts declared misdemeanors.
• 40-3-92. False report of theft or conversion.
• 40-3-93. Evidence of criminal intent or knowledge.
• 40-3-94. Penalties.
• 40-3-95. Effect on other laws.

Chapter 4. Identification of and Purchase and Resale of Motor Vehicles and Parts, 40-4-1 through 40-4-45.

Article 1 Identification of Passenger Cars, Truck Chassis, and Components.

• 40-4-1. Definitions.
• 40-4-2. Application of article.
• 40-4-3. Identification numbers required.
• 40-4-4. How identification numbers affixed; size and appearance.
• 40-4-5. Identification of truck chassis with features designed for specialized requirements of wreckers.
• 40-4-5.1. Identification requirements for personal transportation vehicles.
• 40-4-6. Records to be kept by purchasers and sellers of used passenger cars, truck chassis, and components.
• 40-4-7. Penalties.

Article 2 Alteration or Removal of Identification Numbers.

• 40-4-20. Definitions.
• 40-4-21. Removal or falsification of identification number.
• 40-4-22. Buying, selling, receiving, concealing, using, possessing, or disposing of motor vehicle or part thereof from which identification has been removed or altered.
• 40-4-23. When identification number not deemed falsified.

Article 3 Purchase and Resale of Used Motor Vehicles, Used Parts, and Farm Tractors.

• 40-4-40. Records to be kept by persons purchasing used motor vehicles or parts for resale.
• 40-4-41. Duty of purchaser of vehicle or part from which identification has been removed or altered.
• 40-4-42. Presumption that vehicles and parts were purchased for resale.
• 40-4-43. Penalty for violation of Code Section 40-4-40 or Code Section 40-4-41.
• 40-4-44. Certain parts excepted from application of Code Sections 40-4-40 through 40-4-43.
• 40-4-45. Sale of farm tractors.

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

Article 1 General Provisions.

• 40-5-1. Definitions.
• 40-5-2. Keeping of records of applications for licenses and information on licensees; furnishing of information.
• 40-5-3. Department employees to be appointed as notaries public.
• 40-5-4. Authority of commissioner to promulgate rules and regulations.
• 40-5-4.1. Authorized delay in compliance with federal Real ID Act.
• 40-5-5. Authority of Governor to execute binding reciprocal agreements regarding operation of motor vehicles; publication of terms of agreements; rules and regulations; exemption for certain foreign citizens.
• 40-5-6. Forms for making of anatomical gifts upon issuance or renewal of driver's license or personal identification card.
• 40-5-7. Blue Ribbon Young Driver and DUI Study Commission; creation; membership; purpose; meetings; compensation; reports to Governor and General Assembly; termination [Repealed].
• 40-5-8. Registration of applicants with United States Selective Service System; notification that signature constitutes consent.
• 40-5-9. Pauper's affidavit for a partial waiver of driver's license reinstatement and restoration fees.

Article 2 Issuance, Expiration, and Renewal of Licenses.

• 40-5-20. License required; surrender of prior licenses; local licenses prohibited.
• 40-5-21. Exemptions generally.
• 40-5-21.1. Temporary licenses, permits, or special identification cards; foreign licenses or identification cards as evidence of legal presence in the United States; extensions.
• 40-5-21.2. Compliance with Systematic Alien Verification for Entitlements Program; application; implementation.
• 40-5-22. Persons not to be licensed; minimum ages for licensees; school enrollment requirements; driving training requirements; limited driving permit; expired licenses.
• 40-5-22.1. Reinstatement of license of child under 16 years convicted of driving under influence of alcohol or drugs.
• 40-5-23. Classes of licenses.
• 40-5-24. Instruction permits; graduated licensing and related restrictions; temporary licenses.
• 40-5-25. Applications; fees; waiver of fees; provisions for voluntary participation in various programs.
• 40-5-26. Applications of minors; revocation request of minor's instruction permit or license; distinctive licenses for persons under 21.
• 40-5-27. Examination of applicants.
• 40-5-28. Issuance of licenses; county tag agents; Class E and Class F licenses for volunteer firefighters.
• 40-5-28.1. Use of social security numbers.
• 40-5-29. License to be carried and exhibited on demand.
• 40-5-30. Restricted licenses.
• 40-5-31. Replacement permits or licenses.
• 40-5-32. Expiration and renewal of licenses; reexamination required.
• 40-5-33. Change of address or name.
• 40-5-34. Driver License Advisory Board.
• 40-5-35. Disqualifying disorders and disabilities; reports by physicians and vision specialists; procedure when person found unqualified to be licensed.
• 40-5-36. Veterans' licenses, honorary licenses, and other distinctive licenses.
• 40-5-37. Expiration of active duty service members' licenses.
• 40-5-38. Notation of post traumatic stress disorder.
• 40-5-39. Requirements for operation of a motor vehicle for hire; for-hire license endorsements and eligibility; term; background checks.

Article 3 Cancellation, Suspension, and Revocation of Licenses.

• 40-5-50. Authority of department to cancel license or identification card.
• 40-5-51. Suspension of driving privilege of nonresident; reporting convictions, suspensions, and revocations of nonresidents.
• 40-5-52. Suspension of license or operating privilege for conduct in another state.
• 40-5-53. When courts to send licenses and reports of convictions to department; destruction of license by department; issuance of new license upon satisfaction of certain requirements.
• 40-5-54. Mandatory suspension of license; notice of suspension.
• 40-5-54.1. Denial or suspension of license for noncompliance with child support order.
• 40-5-55. Implied consent to chemical tests.
• 40-5-56. Suspension of license or driving privilege for failure to respond to citation; reinstatement of license.
• 40-5-57. Suspension or revocation of license of habitually negligent or dangerous driver; point system.
• 40-5-57.1. Suspension of licenses of persons under age 21 for certain offenses; surrender of license to court upon conviction; suspension of licenses of persons under age 18 for certain point accumulations; reinstatement of license following suspension.
• 40-5-57.2. Suspension based on violation of Code Section 40-6-255 [Repealed].
• 40-5-57.3. Penalty for multiple convictions of causing serious injury due to right of way violations.
• 40-5-58. Habitual violators; probationary licenses.
• 40-5-59. Reexamination of drivers believed to be incompetent or unqualified.
• 40-5-60. When revocation or suspension effective; notice.
• 40-5-61. Surrender and return of license; time served under such sentence credited toward fulfillment of period of revocation or suspension.
• 40-5-62. Periods of revocation; time served under such sentence credited toward fulfillment of period of revocation; conditions to restoration of license or issuance of new license.
• 40-5-63. Periods of suspension; conditions to return of license.
• 40-5-63.1. Clinical evaluation and substance abuse treatment programs for certain offenders.
• 40-5-64. Limited driving permits for certain offenders.
• 40-5-64.1. Ignition interlock device limited driving permits.
• 40-5-64.2. (Repealed effective January 1, 2020) Report on issuance of optional ignition interlock device limited driving permits.
• 40-5-65. Restriction as to operation under foreign license during period of revocation or suspension.
• 40-5-66. Appeals from decisions of department.
• 40-5-67. Seizure and disposition of driver's license of persons charged with driving under the influence; issuance of temporary driving permit; disposition of cases.
• 40-5-67.1. Chemical tests; implied consent notices; rights of motorists; test results; refusal to submit; suspension or disqualification; administrative license suspension hearing and review; inspection and certification of breath-testing instruments.
• 40-5-67.2. Terms and conditions for implied consent license suspension; administrative license suspensions in relation to post-conviction suspension; eligibility for limited driving permit or ignition interlock device limited driving permit.
• 40-5-68. Suspension of licenses by operation of law for failure to complete alcohol or drug program [Repealed].
• 40-5-69. Circumstances not affecting suspensions by operation of law.
• 40-5-70. Suspension of drivers' licenses for failure to show proof of required minimum insurance; hearings; mandatory suspension.
• 40-5-71. Notice of insurance issuance, renewal, or termination; lapse fee; suspension of license following insurance termination; restricted driving permits [Repealed].
• 40-5-72. Forwarding of license, tag, and tag registration to department; notice; penalty.
• 40-5-73. Limited applicability.
• 40-5-74. Defacement or alteration of seized license prohibited.

Article 3A Suspension of License for Being in Control of a Moving Vehicle Under the Influence of a Controlled Substance or Marijuana.

• 40-5-75. Suspension of licenses by operation of law; reinstatement.
• 40-5-76. Court ordered reinstatement or suspension of license or issuance of limited driving permit or ignition interlock device limited driving permit; time credited toward fulfillment of period of license suspension.

Article 4 Restoration of Licenses to Persons

Completing Defensive Driving Course or Alcohol or Drug

Program. Article 5

• 40-5-80. Purpose of article.
• 40-5-81. Certification and approval of courses by department; prohibited behavior by a clinic or program.
• 40-5-82. Administration of program.
• 40-5-83. Establishment, approval, and operation of clinics and programs; out-of-state certificates of completion; instructor licenses; fees; submission of fingerprints by applicants.
• 40-5-83.1. Special licenses for driver improvement clinic instructors qualified to teach alcohol and drug course; clinic course offering [Repealed].
• 40-5-84. Reinstatement of licenses suspended for certain offenses or for points.
• 40-5-85. Reinstatement of licenses suspended for driving under influence of alcohol or drugs; red stripe on licenses of repeat offenders.
• 40-5-85.1. Driver improvement clinic ownership, operation, instruction, or employment by Department of Corrections employee or spouse [Repealed].
• 40-5-85.2. Attendance authorized at any driver improvement clinic or program certified under this article [Repealed].
• 40-5-86. Reduction of point count upon completion of course.
• 40-5-87. Conditions of article exclusive.
• 40-5-88. Administrative penalties.

Identification Cards for Persons Without Drivers' Licenses. Article 6

• 40-5-100. Personal identification cards; contents; possession of more than one card prohibited; optional contributions to and participation in voluntary programs.
• 40-5-101. Rules and regulations.
• 40-5-102. Applicant to furnish proof of birth date.
• 40-5-103. Fee; issuance period; exemptions from fees; renewal.
• 40-5-104. False statement in application.
• 40-5-105. Application of Code Section 40-5-2.

Miscellaneous Offenses and Jurisdiction of Offenses. Article 7

• 40-5-120. Unlawful use of license or identification card; penalties for violations of chapter generally.
• 40-5-121. Driving while license suspended or revoked.
• 40-5-122. Permitting unlicensed person to drive.
• 40-5-123. Permitting unauthorized minor to drive.
• 40-5-124. Jurisdiction of offenses.
• 40-5-125. Fraudulent driver's license or identification card; false statements or commission of fraud in applications; criminal violation.

Commercial Drivers' Licenses. Article 8

• 40-5-140. Short title.
• 40-5-141. Purpose and applicability of article; liberal construction.
• 40-5-142. Definitions.
• 40-5-143. Driving commercial motor vehicle with more than one license prohibited.
• 40-5-144. Notice required of driver when convicted of violating certain laws or when license is suspended, revoked, or canceled; information required of applicant for license.
• 40-5-145. Duties of employer.
• 40-5-146. Operation of commercial motor vehicle without valid license or driving privilege.
• 40-5-147. Requirements for issuance of license or instruction permit; administration of skills test by third party; waiver or exemption; disqualification and notice.
• 40-5-148. Nonresident license.
• 40-5-148.1. Restricted commercial licenses for persons in agricultural industry.
• 40-5-148.2. Issuance of nonresident commercial drivers' licenses.
• 40-5-148.3. Submission of medical examiner's certificate; penalty for false submissions.
• 40-5-149. Contents of application; application required when name, mailing address, or residence changed.
• 40-5-150. Contents of license; classifications; endorsements and restrictions; information to be obtained before issuance; notice of issuance; expiration of license; renewal.
• 40-5-151. Disqualification from driving; action required after suspending, revoking, or canceling license or nonresident privileges.
• 40-5-152. Operating vehicle while having measurable alcohol in system; refusal to take chemical test.
• 40-5-153. Implied consent to chemical test; administration of test; procedure.
• 40-5-154. Notice to licensing state of conviction of nonresident licensee for violation of state law or local ordinance.
• 40-5-155. Information to be available to driver's license administrators of other states, employers, and insurers.
• 40-5-156. Rules and regulations.
• 40-5-157. Authority for commissioner to enter into agreements, arrangements, or declarations.
• 40-5-158. Driving with license issued by state or province or territory of Canada in accordance with minimum federal standards.
• 40-5-159. Violations.

Identification Cards for Persons with Disabilities. Cross references. - Driver education course included for purposes of enrollment counts of public school students, § 20-2-160.

• 40-5-170. Definitions.
• 40-5-171. Issuance and contents of identification cards for persons with disabilities.
• 40-5-172. Term of card issued to person with permanent disability; issuance to person with temporary disability; renewal.
• 40-5-173. Format of card.
• 40-5-174. Proof of need for special transportation services for persons with disabilities.
• 40-5-175. Admission to seating for persons with disabilities at public events.
• 40-5-176. Rules and regulations.
• 40-5-177. Evidence of applicant's birth date required.
• 40-5-178. Fee for card; waiver for person with veteran's driver's license.
• 40-5-179. Fraudulent identification cards; penalties.

Chapter 6. Uniform Rules of the Road, 40-6-1 through 40-6-397.

Article 1 General Provisions.

• 40-6-1. Violations of chapter a misdemeanor unless otherwise stated; maximum fines for speed limit violations.
• 40-6-2. Obedience to authorized persons directing traffic.
• 40-6-3. Chapter refers to operation of vehicles on highways; exceptions; vehicle accident reports and private property.
• 40-6-4. Persons riding animals or driving animal drawn vehicles.
• 40-6-5. Persons working on highways.
• 40-6-6. Authorized emergency vehicles; pursuit of fleeing suspects.
• 40-6-7. Operation of motor vehicles in parades.
• 40-6-8. Rights of owners of real property.
• 40-6-9. Challenges to speed limits and other traffic regulations established or enforced by local governing authorities.
• 40-6-10. Insurance requirements for operation of motor vehicles generally.
• 40-6-10.1. Financial responsibility requirements of the Federal Motor Carrier Safety Administration.
• 40-6-11. Insurance requirements for operation of motorcycles.
• 40-6-12. Subsequent violation; proof of financial responsibility.
• 40-6-13. Courts having jurisdiction to try offenses.
• 40-6-14. Sound volume limitations from within the motor vehicle.
• 40-6-15. Knowingly driving motor vehicle on suspended, canceled, or revoked registration; punishment.
• 40-6-16. Procedure for passing certain stationary vehicles.
• 40-6-16.1. Procedure for passing vehicle with active sanitation workers.
• 40-6-17. Prohibited use of traffic-control device preemption emitter; penalty.

Article 2 Traffic Signs, Signals, and Markings.

• 40-6-20. Obedience to traffic-control devices required; presumptions; red light cameras.
• 40-6-21. Meaning of traffic signals.
• 40-6-22. Pedestrian-control signals.
• 40-6-23. Flashing circular red or yellow signals.
• 40-6-24. Lane direction control signals.
• 40-6-25. Display of unauthorized signs, signals, or markings.
• 40-6-26. Interference with official traffic-control devices or certain signs; travel on closed highway prohibited.
• 40-6-27. Installation of blue retroreflective raised pavement markers.
• 40-6-28. Restricted access/managed lanes.

Article 3 Driving on Right Side of Roadway,

Overtaking and Passing, Following too Closely.

• 40-6-40. Vehicles to drive on right side of roadway; exceptions; impeding traffic.
• 40-6-41. Passing vehicles proceeding in opposite directions.
• 40-6-42. Overtaking and passing generally.
• 40-6-43. When overtaking and passing on the right permitted.
• 40-6-44. Limitations on overtaking and passing on the left.
• 40-6-45. Further limitations on driving on left of center of roadway.
• 40-6-46. No-passing zones.
• 40-6-47. One-way roadways and rotary traffic islands.
• 40-6-48. Driving on roadways laned for traffic.
• 40-6-49. Following too closely.
• 40-6-50. Driving on divided highway, controlled-access roadways, and emergency lanes.
• 40-6-51. Restrictions on type of vehicle that may travel on certain major interstates and highways inside the Interstate 285 perimeter.
• 40-6-52. Prohibited lane usage by trucks using multilane highways.
• 40-6-53. Prohibited lane usage by buses and motorcoaches using multilane highways; HOV lane usage by a bus or motorcoach.
• 40-6-54. Designation of travel lanes for exclusive use of certain vehicles; penalty; presumption; establishment of high occupancy toll (HOT)lanes.
• 40-6-55. Obligation of drivers to yield to bicyclist in a bicycle lane.
• 40-6-56. Safe passing distance when overtaking a bicyclist.

Article 4 Right of Way.

• 40-6-70. Right of way rule for vehicles approaching or entering intersection.
• 40-6-71. Yield when turning left.
• 40-6-72. Stopping and yielding.
• 40-6-73. Entering or crossing roadway.
• 40-6-74. Operation of vehicles on approach of authorized emergency vehicles.
• 40-6-75. Highway construction and maintenance personnel and vehicles.
• 40-6-76. Funeral processions.
• 40-6-77. Penalties for collision which causes serious injury to motorcyclist, pedestrian, bicyclist, or farmer transporting certain items.

Article 5 Rights and Duties of Pedestrians.

• 40-6-90. Pedestrians to obey traffic-control devices and traffic regulations.
• 40-6-91. Right of way in crosswalks.
• 40-6-92. Crossing roadway elsewhere than at crosswalk.
• 40-6-93. Drivers to exercise due care in relation to pedestrians.
• 40-6-94. Right of way of blind pedestrian.
• 40-6-95. Pedestrian under influence of alcohol or drug.
• 40-6-96. Pedestrians on or along roadway.
• 40-6-97. Pedestrians soliciting.
• 40-6-97.1. Solicitation permits for charitable organizations.
• 40-6-98. Driving through safety zone prohibited.
• 40-6-99. Pedestrians to yield to authorized emergency vehicles.
• 40-6-100. Right of way on sidewalks [Repealed].
• 40-6-101. Redesignated.

Article 6 Turning, Starting, Signaling.

• 40-6-120. Methods of turning at intersections.
• 40-6-121. U-turns.
• 40-6-122. Starting parked vehicle.
• 40-6-123. Turning movements; signals required on turning, changing lanes, slowing, or stopping.
• 40-6-124. Signals by hand and arm or signal lights.
• 40-6-125. Method of giving hand and arm signals.
• 40-6-126. Central lane for turning.

Article 7 Negotiating Railroad Crossings,

Entering Highways from Private Driveways.

• 40-6-140. Approaching and travel over railroad grade crossing.
• 40-6-141. Erection and observance of stop signs at railroad grade crossings.
• 40-6-142. Certain vehicles to stop at all railroad crossings.
• 40-6-143. Moving heavy equipment at railroad grade crossings.
• 40-6-144. Emerging from alley, driveway, or building; driving upon a sidewalk prohibited.

Article 8 School Buses.

• 40-6-160. Speed limits when transporting children.
• 40-6-161. Headlights to be lit when transporting children; communication equipment required.
• 40-6-162. Use of visual signals.
• 40-6-163. Duty of driver of vehicle meeting or overtaking school bus; reporting of violations; civil monetary penalty for violations captured by school bus camera.
• 40-6-164. Duty of school bus driver stopping to allow children to disembark.
• 40-6-165. Operation of school buses.

Article 9 Speed Restrictions.

• 40-6-180. Basic rules.
• 40-6-181. Maximum limits.
• 40-6-182. Establishment of state speed zones.
• 40-6-183. Alteration of speed limits by local authorities.
• 40-6-184. Impeding traffic flow; minimum speed limits; slower driving in a passing lane.
• 40-6-185. Speed limits on bridges and other elevated structures.
• 40-6-186. Racing on highways or streets.
• 40-6-187. Charging violations; sentence to specify amount by which speed limit exceeded.
• 40-6-188. Highway work zones; reduction in speed; signage.
• 40-6-189. Classification as super speeder; fees.

Article 10 Stopping, Standing, and Parking.

Part 1 GENERAL PROVISIONS.

• 40-6-200. How vehicles to be parked; powers of Department of Transportation and local authorities.
• 40-6-201. Leaving motor vehicle unattended [Repealed].
• 40-6-202. Stopping, standing, or parking outside of business or residential districts.
• 40-6-203. Stopping, standing, or parking prohibited in specified places; stopping or standing for collecting municipal solid waste or recovered materials.
• 40-6-204. Exception as to disabled vehicles.
• 40-6-205. Obstructing intersection.
• 40-6-206. When police officers may remove vehicles; uninsured vehicles.
• 40-6-207. Liability of owner for traffic or parking violations occurring while vehicle leased to another; duty of owner to attend hearing on the offense; improper vehicle maintenance.
• 40-6-208. Parking areas for passengers of rapid rail or public transit buses; violations.

Part 2 PARKING FOR PERSONS WITH DISABILITIES.

• 40-6-220. Short title.
• 40-6-221. Definitions.
• 40-6-222. Permits [Repealed].
• 40-6-223. Fees [Repealed].
• 40-6-224. Out-of-state handicapped or persons with disabilities license plates or permits.
• 40-6-224.1. Handicapped parking places for the nonambulatory [Repealed].
• 40-6-225. Parking places for persons with disabilities for the nonambulatory.
• 40-6-226. Offenses and penalties.
• 40-6-227. Application to both public and private property.
• 40-6-228. Enforcement.

Article 11 Miscellaneous Provisions.

• 40-6-240. Backing.
• 40-6-241. Distracted driving; restrictions on operation of wireless telecommunication devices and stand-alone electronic devices; penalty; exceptions.
• 40-6-241.1. Definitions; prohibition on certain persons operating motor vehicle while engaging in wireless communications; exceptions; penalties [Repealed].
• 40-6-241.2. Writing, sending, or reading text based communication while operating motor vehicle prohibited; prohibited uses of wireless telecommunication devices by drivers of commercial vehicles; exceptions; penalties for violation [Repealed].
• 40-6-242. Obstruction of driver's view or interference with control of vehicle.
• 40-6-243. Opening and closing vehicle doors.
• 40-6-244. Riding in house trailer.
• 40-6-245. Driving through canyon or on mountain highway.
• 40-6-246. Coasting.
• 40-6-247. Following fire apparatus or emergency vehicle.
• 40-6-248. Crossing fire hose.
• 40-6-248.1. Securing and covering loads on vehicles.
• 40-6-249. Littering highway.
• 40-6-250. Wearing device which impairs hearing or vision.
• 40-6-251. Driving in circular or zigzag course; "laying drags."
• 40-6-252. Parking, standing, or driving vehicle in private parking area after request not to do so.
• 40-6-253. Consumption of alcoholic beverage or possession of open container of alcoholic beverage in passenger area.
• 40-6-253.1. Transportation of medical waste; exception; penalty for violation.
• 40-6-254. Operating vehicle without adequately securing load.
• 40-6-255. Driving away without paying for gasoline.

Article 12 Accidents.

• 40-6-270. Hit and run; duty of driver to stop at or return to scene of accident.
• 40-6-271. Duty upon striking unattended vehicle.
• 40-6-272. Duty upon striking fixture.
• 40-6-273. Duty to report accident resulting in injury, death, or property damage.
• 40-6-273.1. Instruction to drivers to provide certain information to other parties.
• 40-6-274. Exemption from duty to stop at scene or report accident.
• 40-6-275. Duty to remove vehicle from public roads; removal of incapacitated vehicle from state highway.
• 40-6-276. Duty of driver of wrecker/tow truck.
• 40-6-277. Sheriffs and chief executive officers of law enforcement agencies to report traffic accident deaths.
• 40-6-278. Uniform motor vehicle accident reports and reporting procedures.
• 40-6-279. Accidents involving operation of fully autonomous vehicles.

Article 13 Special Provisions for Certain Vehicles.

Part 1 BICYCLES AND PLAY VEHICLES.

• 40-6-290. Application of part regarding bicycles.
• 40-6-291. Traffic laws applicable to bicycles; operation upon paved shoulder; signaling of right hand turns.
• 40-6-292. Manner of riding bicycle; passengers.
• 40-6-293. Clinging to vehicles.
• 40-6-294. Riding on roadways and bicycle paths.
• 40-6-295. Carrying articles.
• 40-6-296. Lights and other equipment on bicycles.
• 40-6-297. Violation of part a misdemeanor; duty of parents and guardians.
• 40-6-298. Rules and regulations.
• 40-6-299. Redesignated.

Part 1A OPERATION OF FARM USE VEHICLE.

• 40-6-305. Purpose of farm use vehicle.
• 40-6-306. Rights and duties of operator.
• 40-6-307. Local restrictions on public roads and highways.

Part 2 MOTORCYCLES.

• 40-6-310. Traffic laws applicable to persons operating motorcycles.
• 40-6-311. Manner of riding motorcycle generally.
• 40-6-312. Operating motorcycle on roadway laned for traffic.
• 40-6-313. Clinging to other vehicles.
• 40-6-314. Footrests and handlebars.
• 40-6-315. Headgear and eye-protective devices for riders.
• 40-6-316. Rules and regulations.

Part 2A PERSONAL ASSISTIVE MOBILITY DEVICES.

• 40-6-320. Operation on highways and sidewalks; direction of travel.
• 40-6-321. Due care to pedestrians.
• 40-6-322. Speed of travel restricted.
• 40-6-323. Parking.
• 40-6-324. Transportation of hazardous materials; medical oxygen excluded.
• 40-6-325. Required equipment; minimum age for operation; exception to age requirement.
• 40-6-326. Operation while intoxicated.
• 40-6-327. Penalty for violations.

Part 3 PERSONAL TRANSPORTATION VEHICLES.

• 40-6-330. Standards for operating personal transportation vehicles.
• 40-6-330.1. Required equipment for personal transportation vehicles; grandfather clause.
• 40-6-331. Designated areas of operation; PTV licensing requirements and operating standards; signage; use by a commercial delivery company.

Part 4 MOPEDS.

• 40-6-350. Traffic laws applicable to persons operating mopeds.
• 40-6-351. Driver's license or permit required for certain operators.
• 40-6-352. Protective headgear.
• 40-6-353. Operation over certain roads may be prohibited.
• 40-6-354. Rules and regulations.

Part 5 LOW-SPEED VEHICLES.

• 40-6-360. Rights of persons operating low-speed vehicles.
• 40-6-361. Traffic laws applicable to low-speed vehicles.
• 40-6-362. Operating low-speed vehicles on highways.

Part 6 PERSONAL TRANSPORTATION VEHICLE TRANSPORTATION PLAN.

• 40-6-363. Legislative intent.
• 40-6-364. Definitions.
• 40-6-365. Standards for local authorities to establish personal transportation vehicle transportation plans.
• 40-6-366. Acquisition of property for PTV lanes.
• 40-6-367. Part inapplicable to certain localities with prior ordinances governing PTV use.
• 40-6-368. Requirements for streets or highways on which joint use by regular vehicle traffic and PTVs permitted.
• 40-6-369. Manner in which PTVs may be driven.
• 40-6-369.1. Speed limits on streets authorized for PTV use.

Article 14 Effect of Chapter on Powers

of Local Authorities. Article 15

• 40-6-370. Uniform state-wide application of chapter.
• 40-6-371. Powers of local authorities generally.
• 40-6-372. Adoption of chapter by local authorities.
• 40-6-373. Effect of future changes in chapter.
• 40-6-374. Form of adopting ordinance.
• 40-6-375. Citations for violations.
• 40-6-376. Prosecution under this chapter or local ordinance; transfer of charge to state tribunal; double jeopardy.

Serious Traffic Offenses. Cross references. - Liability of persons rendering emergency care generally, §§ 31-11-8, 51-1-29, 51-1-30, and 51-1-30.1.

• 40-6-390. Reckless driving.
• 40-6-391. Driving under the influence of alcohol, drugs, or other intoxicating substances; penalties; publication of notice of conviction for persons convicted for second time; endangering a child.
• 40-6-391.1. Entry and acceptance of plea of nolo contendere.
• 40-6-391.2. Seizure and civil forfeiture of motor vehicle operated by habitual violator.
• 40-6-391.3. Penalty for conviction for driving under influence of alcohol or drugs while driving school bus.
• 40-6-392. Chemical tests for alcohol or drugs.
• 40-6-393. Homicide by vehicle.
• 40-6-393.1. Feticide by vehicle; penalties.
• 40-6-394. Serious injury by vehicle.
• 40-6-395. Fleeing or attempting to elude police officer; impersonating law enforcement officer.
• 40-6-396. Homicide by interference with official traffic-control device or railroad sign or signal; serious injury by interference with official traffic-control device or railroad sign or signal.
• 40-6-397. Aggressive driving; penalty.

Chapter 7. Off-road Vehicles, 40-7-1 through 40-7-6.

• 40-7-1. Short title.
• 40-7-2. Declaration of policy.
• 40-7-3. "Off-road vehicle" defined.
• 40-7-4. Operating restrictions; "perennial stream" defined.
• 40-7-5. Authority to regulate time periods and to establish zones of use.
• 40-7-6. Enforcement and penalties.

Chapter 8. Equipment and Inspection of Motor Vehicles, 40-8-1 through 40-8-291.

Article 1 Equipment Generally.

Part 1 GENERAL PROVISIONS.

• 40-8-1. Application of article.
• 40-8-2. Vehicles within jurisdiction of commissioner of public safety.
• 40-8-3. Vehicle or load dragging on highway; wheels causing pounding on road surface.
• 40-8-4. Emblem to be displayed on certain slow-moving vehicles or equipment operating on public roads.
• 40-8-5. Alteration of odometer; involvement with devices which cause odometer to register other than actual mileage; penalties.
• 40-8-6. Alteration of suspension system; operation of vehicle with broken springs.
• 40-8-6.1. Raised chassis vehicles.
• 40-8-7. Driving unsafe or improperly equipped vehicle; punishment for violations of chapter generally; vehicle inspection by law enforcement officer without warrant.
• 40-8-8. Speedometer.
• 40-8-9. Compliance with federal provisions.
• 40-8-10. Operation of motor vehicles with nitrous oxide; penalty for violation.
• 40-8-11. Operational rules for autonomous vehicles; state consumer laws applicable.

Part 2 LIGHTING EQUIPMENT.

• 40-8-20. When lighted headlights and other lights required.
• 40-8-21. Visibility distance and mounted height; exception for wreckers.
• 40-8-22. Headlights.
• 40-8-23. Taillights.
• 40-8-24. Reflectors.
• 40-8-25. Brake lights and turn signals required.
• 40-8-26. Standards for brake lights and signal devices.
• 40-8-27. Light, flag, or strobe lamp on projecting load; requirements for lamp and flag.
• 40-8-28. Lights on parked vehicles.
• 40-8-29. Spotlights, foglights, and auxiliary lights permitted.
• 40-8-30. Standards for multiple-beam road lighting equipment.
• 40-8-31. Use of multiple-beam road lighting equipment.
• 40-8-32. Lights on vehicles of rural mail carriers.
• 40-8-33. Lights on farm tractors and unlicensed three-wheeled motorcycles used only for agricultural purposes; restrictions on trailers and semitrailers otherwise exempt under Code Section 40-8-1; no duty on manufacturers of lighting systems.
• 40-8-34. Color in lighting equipment.
• 40-8-35. Operating low-speed vehicles on highway requires amber strobe light.

Part 3 BRAKES.

• 40-8-50. Brakes required.
• 40-8-51. Means of operation.
• 40-8-52. Parking brakes.
• 40-8-53. Performance ability of brakes.
• 40-8-54. Maintenance.

Part 4 HORNS, EXHAUST SYSTEMS, MIRRORS, WINDSHIELDS, TIRES, SAFETY BELTS, ENERGY ABSORPTION SYSTEMS.

• 40-8-70. Horns and warning devices.
• 40-8-71. Exhaust system; prevention of noise, smoke, and fumes.
• 40-8-72. Mirrors.
• 40-8-73. Windshields and windshield wipers.
• 40-8-73.1. Tinting of windows or windshields.
• 40-8-74. Tires.
• 40-8-75. Tire covers.
• 40-8-76. Safety belts required as equipment; safety restraints for children.
• 40-8-76.1. Use of safety belts in passenger vehicles.
• 40-8-77. Energy absorption system.
• 40-8-78. Safety glazing.
• 40-8-79. Unlawfully riding in bed of pickup truck; penalty.

Part 5 EQUIPMENT OF LAW ENFORCEMENT AND EMERGENCY VEHICLES.

• 40-8-90. Restrictions on use of blue lights on vehicles.
• 40-8-91. Marking and equipment of law enforcement vehicles; motorist allowed to continue to safe location before stopping for law enforcement officer vehicles.
• 40-8-91.1. Marking and equipment of all-terrain vehicles used as law enforcement vehicles.
• 40-8-92. Designation of emergency vehicles; flashing or revolving lights; permits; fee; prohibition against use of flashing or revolving green lights by private persons on public property.
• 40-8-93. Flashing parking or brake lights or directional signals not prohibited.
• 40-8-94. Sirens, whistles, or bells.
• 40-8-95. Rules and regulations.
• 40-8-96. Violation of Code Sections 40-8-90 and 40-8-92.

Part 6 EQUIPMENT OF SCHOOL BUSES.

• 40-8-110. Identification and color.
• 40-8-111. Equipment generally.
• 40-8-112. Compliance with State Board Bus Specifications.
• 40-8-113. Standards applicable regardless of size or capacity.
• 40-8-114. Operation of school buses by churches, private schools, and local transit systems; transportation of school children on buses owned or operated by public transit systems.
• 40-8-115. Identification and equipment of school buses for special school route service.
• 40-8-116. Unlawful acts.

Article 2 Control of Vehicle Emissions.

Part 1 EMISSION CONTROL DEVICES GENERALLY.

• 40-8-130. Unlawful to operate vehicle without serviceable emission control device; penalty; exceptions.
• 40-8-131. Inspection without warrant authorized.
• 40-8-132. Annual inspection [Repealed].

Part 2 ESTABLISHMENT OF EMISSION STANDARDS; INSPECTION OF MOTOR VEHICLES FOR COMPLIANCE WITH STANDARDS [Repealed].

• 40-8-150 through 40-8-163. [Repealed].

Part 3 VISIBLE EMISSIONS.

• 40-8-180. Short title.
• 40-8-181. Visible emissions from vehicles on public roadways prohibited; exceptions.
• 40-8-182. Enforcement of part; traffic violation citations.
• 40-8-183. Penalty.
• 40-8-184. Municipal and county regulation prohibited.
• 40-8-185. Part not applicable to certain vehicles.

Article 3 Inspections by Officers of Department of Public Safety.

• 40-8-200. Inspection of vehicles by officers of the Department of Public Safety; certificate of inspection; procedure for noncompliant vehicle.
• 40-8-201. Duties of owners and drivers of vehicles.

Article 4 Inspection of Public School Buses.

• 40-8-220. Inspection of public school buses.
• 40-8-221. Penalty.
• 40-8-222 through 40-8-264. [Repealed].

Article 5 Vehicle Equipment Safety Compact.

• 40-8-280 through 40-8-291. [Repealed].

Chapter 9. Reporting Accidents; Giving Proof of Financial Responsibility, 40-9-1 through 40-9-103.

Article 1 General Provisions.

• 40-9-1. Short title.
• 40-9-2. Definitions.
• 40-9-3. Administration of chapter; rules and regulations; hearings; appeals.
• 40-9-4. Exceptions to application of chapter.
• 40-9-5. Application of chapter to nonresidents, unlicensed drivers, and unregistered vehicles; accidents in other states.
• 40-9-6. Transfer of registration of vehicle after registration suspended [Repealed].
• 40-9-7. Surrender of license after suspension.
• 40-9-8. Operating vehicle during suspension of driver's license or operating privilege.
• 40-9-9. Reinstatement of driver's license; fee.
• 40-9-10. Chapter supplemental.
• 40-9-11. Chapter not to prevent other process.
• 40-9-12. Violations generally.

Article 2 Reporting Accidents; Giving Security for Damages.

• 40-9-30. Fee for copy of accident report.
• 40-9-31. Submission of accident reports to department.
• 40-9-32. Determination of amount of security required; time limitation on consideration of accident report, notice, or claim; administrative hearing; judicial review.
• 40-9-33. Suspension of driver's license or operating privilege for failure to deposit security.
• 40-9-34. Exceptions to requirement of security.
• 40-9-35. Agreements for payment of damages.
• 40-9-36. Amount of security; designation of persons for whom deposit made; reduction or increase in amount.
• 40-9-37. Requirements for liability insurance policies; erroneous information as to insurance.
• 40-9-38. Surety bonds and real property bonds as security; requirements; cancellations; liens; actions on bonds; reduction or increase of security; erroneous information.
• 40-9-39. Custody, disposition, and return of deposit.
• 40-9-40. Check of court records for pending action or unsatisfied judgment; certificate of clerk.
• 40-9-41. Matters not to be evidence in civil actions for damages.

Article 3 Unsatisfied Judgments.

• 40-9-60. Courts to report unpaid judgments to department; department to report judgments against nonresidents.
• 40-9-61. Suspension of driver's license or operating privilege for nonpayment of judgment.
• 40-9-62. Duration of suspension; when judgments deemed satisfied.
• 40-9-63. Installment payment of judgments.

Article 4 Giving Proof of Financial Responsibility for the Future.

• 40-9-80. Methods of giving proof; duration.
• 40-9-81. Proof required upon restoration of driver's license suspended for certain offenses.
• 40-9-82. Cancellation of insurance certificate.

Article 5 Assigned Risk Plans, "Spot" Insurance, and Cooperation by Insured.

• 40-9-100. Assigned risk plan.
• 40-9-101. Reserved.
• 40-9-102. Insurance for person renting U-drive-it vehicle.
• 40-9-103. Cooperation by insured with insurer in connection with defense of action or threatened action under policy.

Chapter 10. Governor's Office of Highway Safety, 40-10-1 through 40-10-10.

• 40-10-1. Short title.
• 40-10-2. Declaration of policy; general authority of Governor.
• 40-10-3. Definitions.
• 40-10-4. Creation of Office of Highway Safety.
• 40-10-5. Duties of director.
• 40-10-6. Office space; staff, supplies, and materials.
• 40-10-7. Specific authority and duties of Governor.
• 40-10-8. Cooperation with other agencies.
• 40-10-9. Powers of local governing authorities.
• 40-10-10. Acceptance and administration of funds.

Chapter 11. Abandoned, Derelict, and Civil Forfeiture of Motor Vehicles, 40-11-1 through 40-11-24.

Article 1 Abandoned and Derelict Vehicles.

• 40-11-1. Definitions.
• 40-11-2. Duty of person removing or storing motor vehicle.
• 40-11-3. Removal of vehicles from public property by peace officer; notification requirements.
• 40-11-3.1. Unattended vehicle checks.
• 40-11-3.2. Limited prohibition on towing vehicles within paid parking facility located within 500 feet of an establishment serving alcohol.
• 40-11-4. Creation of lien; courts authorized to foreclose lien.
• 40-11-5. Lien foreclosure procedure.
• 40-11-6. Sale of vehicle pursuant to foreclosure.
• 40-11-7. How purchaser at foreclosure sale may obtain certificate of title.
• 40-11-8. Disposition of proceeds of foreclosure sale.
• 40-11-9. Derelict motor vehicles; determination of status; disposition; violations and penalties.
• 40-11-10. Disposition of certain contents of abandoned vehicles.

Article 2 Civil Forfeiture of Vehicles and Components.

• 40-11-20. Items subject to civil forfeiture.
• 40-11-21. Assignment of new identification numbers prior to disposition of property.
• 40-11-22 through 40-11-24. [Repealed].

Chapter 12. Actions Against Nonresident Motorists, 40-12-1 through 40-12-8.

• 40-12-1. Appointment of Secretary of State as agent for service of process on nonresidents; nonresident minor.
• 40-12-2. How service on nonresident made.
• 40-12-3. Venue of actions against nonresidents; nonresident joint defendant.
• 40-12-4. Records to be kept by Secretary of State.
• 40-12-5. Certificate of service to be sent to clerk of court; time for answering complaint.
• 40-12-6. Continuances.
• 40-12-7. Designation of employees to perform functions of Secretary of State.
• 40-12-8. Service upon personal representative.

Chapter 13. Prosecution of Traffic Offenses, 40-13-1 through 40-13-64.

Article 1 Uniform Traffic Citation and Complaint Form.

• 40-13-1. Form to be developed by commissioner of driver services; function; identifying number.
• 40-13-2. System of accountability; procedures for use and issuance.
• 40-13-2.1. Signature on citations required; effect of failure to sign; exemption for out-of-state drivers; electronic capture of signature.
• 40-13-3. Traffic offenses triable on complaint without indictment except in superior courts; report of disposition.
• 40-13-4. Fees of officers.

Article 2 Arrests, Trials, and Appeals.

• 40-13-20. "Municipal courts" defined.
• 40-13-21. General powers and jurisdiction of probate and municipal courts; assistance of the district attorney or solicitor.
• 40-13-22. Jurisdiction over offenses under Code Section 40-2-8.
• 40-13-23. Waiver of jury trial; withdrawal of waiver.
• 40-13-24. Indictment or accusation not required; docket.
• 40-13-25. Costs.
• 40-13-26. How sentences for traffic offenses served; disposition of fines and costs; definition of "urban interstate system".
• 40-13-27. Records to be kept.
• 40-13-28. Appeal to superior court; bond.
• 40-13-29. Jurisdiction exclusive.
• 40-13-30. Authority to make arrests.
• 40-13-31. Arresting fees.
• 40-13-32. Restrictions on ability of courts to change or modify traffic law sentences or judgments.
• 40-13-33. Limitation on habeas corpus challenge of misdemeanor traffic conviction.

Article 3 Traffic Violations Bureaus.

• 40-13-50. Establishment.
• 40-13-51. Appointment of clerk or deputy clerk; bond.
• 40-13-52. Traffic offense cards; contents.
• 40-13-53. Release of arrested person upon service of citation and complaint.
• 40-13-54. Disposition of original and copies of citation and complaint.
• 40-13-55. Cash bonds permitted.
• 40-13-56. Officer not to accept cash bond.
• 40-13-57. Taking of cash bond where officer doubts that arrested person will appear.
• 40-13-58. Failure to appear after giving cash bond as admission of guilt; forfeiture of bond; order to stand trial not precluded.
• 40-13-59. Records to be kept by traffic violations bureau; filing of citation and complaint; time for posting cash bond; when bond forfeited.
• 40-13-60. Disposition of traffic violations; jurisdiction of bureau.
• 40-13-61. Maintenance of records; accusations.
• 40-13-62. Failure to appear; bench warrant.
• 40-13-63. Penalty for failure to appear.
• 40-13-64. Suspended sentence division; collection of fines.

Chapter 14. Use of Speed Detection Devices and Red Light Cameras, 40-14-1 through 40-14-26.

Article 1 General Provisions.

• 40-14-1. Definitions.

Article 2 Speed Detection Devices.

• 40-14-1.1. Definitions.
• 40-14-1.2. Agent not private investigator or subject to certain laws.
• 40-14-2. Permit required for use; use not authorized where officers paid on fee system; operation by registered or certified peace officers.
• 40-14-3. Application for permit; use of device while application pending.
• 40-14-4. Compliance with rules of Federal Communications Commission; certification of devices.
• 40-14-5. Testing of radar devices; removal of inaccurate radar devices from service; maintenance of testing log and independent calibration tests of automated traffic enforcement devices.
• 40-14-6. Warning signs required; signage requirements.
• 40-14-7. Visibility of vehicle from which device is operated.
• 40-14-8. When case may be made and conviction had.
• 40-14-9. Certain evidence inadmissible; use of device on hill.
• 40-14-10. Unlawful use of devices generally.
• 40-14-11. Investigations by commissioner of public safety; issuance of order suspending or revoking permit; ratio of speeding fines to agency's budget.
• 40-14-12. Administrative hearing upon permit suspension or revocation.
• 40-14-13. Administrative and judicial appeal of decision suspending or revoking permit.
• 40-14-14. Petition for reconsideration following permit suspension or revocation.
• 40-14-15. Rehearing or restoration of permit at direction of Governor.
• 40-14-16. Restrictions on suspension or revocation of drivers' licenses; reports to Department of Driver Services to specify speed.
• 40-14-17. Laser devices; reliability and admissibility of evidence.
• 40-14-18. Enforcement of speed limit in school zones with recorded images; civil monetary penalty; vehicle registration and transfer of title restrictions for failure to pay penalty.

Article 3 Red Light Cameras.

• 40-14-20. Definitions.
• 40-14-21. Traffic-control signal monitoring devices; application and permit for operation; collection and use of civil monetary penalty; inspection of devices.
• 40-14-22. Timing of traffic-control signals utilizing monitoring devices.
• 40-14-23. Use of signs to notify motorists of traffic-control signal monitoring devices.
• 40-14-24. Reports on traffic-control signal monitoring device use.
• 40-14-25. Complaints about traffic-control signal monitoring devices; rebuttable presumption; remission of revenues.
• 40-14-26. Revoking traffic-control signal monitoring device permit; hearing; reconsideration.

Chapter 15. Motorcycle Operator Safety Training Program, 40-15-1 through 40-15-5.

• 40-15-1. Definitions.
• 40-15-2. Establishment and operation of programs; provisions of programs; certificates of completion.
• 40-15-3. Authorization of board to promulgate rules, prescribe fees, and set student requirements.
• 40-15-4. Coordinator authorized; duties and requirements.
• 40-15-5. Requirements for instructors.

Chapter 16. Department of Driver Services, 40-16-1 through 40-16-8.

• 40-16-1. Definitions.
• 40-16-2. Primary responsibilities.
• 40-16-2.1. Annual reports to the General Assembly.
• 40-16-3. Board of Driver Services; commissioner.
• 40-16-4. Duties of commissioner; compensation of department employees.
• 40-16-5. Authority of commissioner; previous action by department; background checks; debt collection.
• 40-16-5.1. Use of department vehicles and equipment.
• 40-16-6. Civil monetary penalties.
• 40-16-7. Budget of department.
• 40-16-8. Governor's Commercial Transportation Advisory Committee.