Georgia Code
Article 7 - Commercial Drivers’ Licenses
§ 40-5-142. Definitions

As used in this article, the term:
provided, however, that for the purposes of this article, no agricultural vehicle, commercial vehicle operated by military personnel for military purposes, recreational vehicle, or fire-fighting or emergency equipment vehicle shall be considered a commercial motor vehicle. As used in this paragraph, the term “fire-fighting or emergency equipment vehicle” means an authorized emergency vehicle as defined in paragraph (5) of Code Section 40-1-1; provided, however, that the vehicle must be equipped with audible and visible signals and shall be subject to traffic regulations in accordance with the requirements of Code Section 40-6-6. As used in this paragraph, the term “agricultural vehicle” means a farm vehicle which is controlled and operated by a farmer, including operation by employees or family members; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and operated within 150 miles of such person’s farm; which vehicle is not used in the operations of a common or contract carrier. Any other waiver by the Federal Motor Carrier Safety Administration pursuant to Federal Law 49 C.F.R. Parts 383 and 384 of the United States Department of Transportation shall supersede state law in authorizing the Department of Driver Services to exempt said classes.
(13.1) “Driving a vehicle under the influence” means committing any one or more of the following acts while a person is driving or in actual physical control of a moving commercial or noncommercial vehicle:
(14.1) “Fatality” means the death of a person as a result of a motor vehicle crash.
(18.1) “Imminent hazard” means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.
(18.2) “Major traffic violation” means a conviction of any of the following offenses or a conviction of any law or ordinance equivalent thereto in this state, in any other state, or in any foreign jurisdiction, when operating either a commercial motor vehicle or, unless otherwise specified, a noncommercial motor vehicle:
(19.1) “Noncommercial motor vehicle” means a motor vehicle or combination of vehicles not defined by the term “commercial motor vehicle” in this Code section or in the regulations of the department for the purpose of licensure.
(21.1) “School bus” means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school sponsored events. The term does not include a bus used as a common carrier.
History. Code 1981, § 40-5-142 , enacted by Ga. L. 1989, p. 519, § 1; Ga. L. 1990, p. 8, § 40; Ga. L. 1990, p. 2048, § 4; Ga. L. 1991, p. 618, § 1; Ga. L. 1992, p. 6, § 40; Ga. L. 1994, p. 1058, § 1; Ga. L. 2000, p. 951, § 5-51; Ga. L. 2002, p. 1378, § 4; Ga. L. 2003, p. 484, § 3; Ga. L. 2004, p. 631, § 40; Ga. L. 2005, p. 334, § 17-22/HB 501; Ga. L. 2006, p. 449, § 13/HB 1253; Ga. L. 2007, p. 117, § 2/HB 419; Ga. L. 2008, p. 324, § 40/SB 455; Ga. L. 2011, p. 355, § 15/HB 269; Ga. L. 2015, p. 1370, § 2/HB 118; Ga. L. 2018, p. 127, § 7/HB 673; Ga. L. 2019, p. 1056, § 40/SB 52.
The 2018 amendment, effective July 1, 2018, substituted “Code Section 40-6-241” for “Code Section 40-6-241.2” in subparagraph (22)(J).
The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, deleted “, as set forth in paragraph (8) of subsection (a) of Code Section 16-8-12” following “thereon” near the end of subparagraph (18.2)(J).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1991, a comma was deleted following “Department of Transportation” at the end of the undesignated language of paragraph (7).
Pursuant to Code Section 28-9-5, in 2007, “state administered” was substituted for “state-administered” in subparagraph (13.1)(B).
Editor’s notes.
Ga. L. 2018, p. 127, § 1/HB 673, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Hands-Free Georgia Act.’ ”
U.S. Code.
Provisions concerning the Transportation of Hazardous Materials are codified at 49 U.S.C. § 5101 .
Law reviews.
For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 139 (2018).