History. Code 1981, § 40-5-147 , enacted by Ga. L. 1989, p. 519, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 1991, p. 618, § 2; Ga. L. 2000, p. 951, § 5-53; Ga. L. 2006, p. 449, § 15/HB 1253; Ga. L. 2007, p. 117, § 3/HB 419; Ga. L. 2008, p. 171, § 9/HB 1111; Ga. L. 2015, p. 1370, § 3/HB 118; Ga. L. 2021, p. 347, § 1/HB 169; Ga. L. 2021, p. 403, § 8/HB 466.
The 2021 amendments.
The first 2021 amendment, effective July 1, 2021, substituted the present provisions of paragraph (a)(1) for the former provisions, which read: “Except as provided in Code Section 40-5-148, no person may be issued a commercial driver’s license unless that person is a resident of this state, is at least 18 years of age, has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 C.F.R. Part 383, subparts G and H, and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, in addition to any other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the department in English only.”; and, in paragraph (c)(4), substituted “permit shall not be issued for a period to exceed 365 days” for “permit may not be issued for a period to exceed 180 days and may be renewed one time for an additional 180 days” in the first sentence, and substituted “365 day term,” for “second 180 day term, if applicable,” in the second sentence. The second 2021 amendment, effective July 1, 2021, rewrote paragraph (a)(2), which read: “The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution or a department, agency, or instrumentality of a local government, to administer the skills test specified by this Code section, provided that:”. See Editor’s notes for applicability.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1989, the word “Part” was capitalized in references to the Code of Federal Regulations throughout the Code section.
Pursuant to Code Section 28-9-5, in 2007, the second comma after “ ‘subparts G and H,’ ” in paragraph (a)(1) was deleted.
Editor’s notes.
Ga. L. 2021, p. 347, § 2/HB 169, not codified by the General Assembly, provides, in part, that the amendment by that Act shall apply to the issuance of any commercial driver’s license on or after January 1, 2022.
Structure Georgia Code
Title 40 - Motor Vehicles and Traffic
Article 7 - Commercial Drivers’ Licenses
§ 40-5-141. Purpose and Applicability of Article; Liberal Construction
§ 40-5-143. Driving Commercial Motor Vehicle With More Than One License Prohibited
§ 40-5-145. Duties of Employer
§ 40-5-146. Operation of Commercial Motor Vehicle Without Valid License or Driving Privilege
§ 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
§ 40-5-153. Implied Consent to Chemical Test; Administration of Test; Procedure
§ 40-5-156. Rules and Regulations
§ 40-5-157. Authority for Commissioner to Enter Into Agreements, Arrangements, or Declarations