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Article 1 - General Provisions
§ 40-5-1. Definitions - As used in this chapter, the term: (3.1) “Clinical evaluation”...
§ 40-5-2. Keeping of Records of Applications for Licenses and Information on Licensees; Furnishing of Information - provided, however, that notwithstanding the definition of personal information under...
§ 40-5-3. Department Employees to Be Appointed as Notaries Public - The commissioner shall cause designated employees of the department to...
§ 40-5-4. Authority of Commissioner to Promulgate Rules and Regulations - History. Ga. L. 1937, p. 322, art. 4, § 10;...
§ 40-5-4.1. Authorized Delay in Compliance With Federal Real Id Act - The Governor of the State of Georgia, or his or...
§ 40-5-5. Reciprocal Agreements With Other States, Districts, Territories, and Foreign Countries for the Operation of Motor Vehicles and Required Testing; “Limited Term” Notation - History. Ga. L. 1937-38, Ex. Sess., p. 617, §§ 1,...
§ 40-5-6. Forms for Making of Anatomical Gifts Upon Issuance or Renewal of Driver’s License or Personal Identification Card - History. Ga. L. 1974, p. 1117, §§ 1, 2; Code...
§ 40-5-8. Registration of Applicants With United States Selective Service System; Notification That Signature Constitutes Consent - History. Code 1981, § 40-5-8 , enacted by Ga. L....
§ 40-5-9. Pauper’s Affidavit for a Partial Waiver of Driver’s License Reinstatement and Restoration Fees - History. Code 1981, § 40-5-9 , enacted by Ga. L....
§ 40-5-10. Driver Education Training Courses - History. Code 1981, § 40-5-10 , enacted by Ga. L....
Article 2 - Issuance, Expiration, and Renewal of Licenses
§ 40-5-20. License Required; Surrender of Prior Licenses; Local Licenses Prohibited - History. Code 1933, § 68B-201, enacted by Ga. L. 1975,...
§ 40-5-21. Exemptions Generally - History. Ga. L. 1937, p. 322, art. 4, § 1;...
§ 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 - may be issued a temporary license, permit, or special identification...
§ 40-5-21.2. Compliance With Systematic Alien Verification for Entitlements Program; Application; Implementation - History. Code 1981, § 40-5-21.2 , enacted by Ga. L....
§ 40-5-22. Requirements for Issuance of Instruction Permit or Driver’s License to Person Under 18 Years of Age; Authority of Department to Issue or Renew a Driver’s License, Probationary License, Limited Driving Permit, or Ignition Interlock Device L... - (a.1) (1) The department shall not issue an instruction permit...
§ 40-5-22.1. Reinstatement of License of Child Under 16 Years Convicted of Driving Under Influence of Alcohol or Drugs - Notwithstanding any other provision of law, if a child under...
§ 40-5-23. Classes of Licenses - Class C — Any single vehicle with a gross vehicle...
§ 40-5-24. Instruction Permits; Graduated Licensing and Related Restrictions; Temporary Licenses - provided, however, that a Class D license holder shall not...
§ 40-5-25. Applications; Fees; Provisions for Voluntary Participation in Various Programs - Click to view The commissioner may by rule provide incentive...
§ 40-5-26. Applications of Minors; Revocation Request of Minor’s Instruction Permit or License; Distinctive Licenses for Persons Under 21 - History. Ga. L. 1937, p. 322, art. 4, § 3;...
§ 40-5-27. Examination of Applicants - History. Ga. L. 1937, p. 322, art. 4, § 4;...
§ 40-5-28. Issuance and Contents of Licenses; County Tag Agents; Class E and Class F Licenses for Volunteer Firefighters - The provisions of this subsection shall apply to both original...
§ 40-5-28.1. Use of Social Security Numbers - No license or permit issued or renewed on or after...
§ 40-5-29. License to Be Carried and Exhibited on Demand - History. Ga. L. 1937, p. 322, art. 4, § 7;...
§ 40-5-30. Restricted Licenses - History. Code 1933, § 68B-211, enacted by Ga. L. 1975,...
§ 40-5-31. Replacement Permits or Licenses - A new permit obtained under this Code section shall be...
§ 40-5-32. Expiration and Renewal of Licenses; Reexamination Required - History. Ga. L. 1937, p. 322, art. 4, § 5;...
§ 40-5-33. Change of Address or Name - Whenever any person, after applying for or receiving a driver’s...
§ 40-5-34. Driver License Advisory Board - History. Code 1933, § 68B-216, enacted by Ga. L. 1975,...
§ 40-5-35. Disqualifying Disorders and Disabilities; Reports by Physicians and Vision Specialists; Procedure When Person Found Unqualified to Be Licensed - History. Code 1933, § 68B-217, enacted by Ga. L. 1975,...
§ 40-5-36. Veterans’ Licenses, Honorary Licenses, and Other Distinctive Licenses - History. Ga. L. 1949, p. 1152, §§ 2-5; Ga. L....
§ 40-5-37. Expiration of Active Duty Service Members’ Licenses - History. Code 1981, § 40-5-37 , enacted by Ga. L....
§ 40-5-38. Notation of Post Traumatic Stress Disorder - History. Code 1981, § 40-5-38 , enacted by Ga. L....
§ 40-5-39. Requirements for Operation of a Motor Vehicle for Hire; For-Hire License Endorsements and Eligibility; Term; Background Checks - This shall include, but not be limited to, ride share...
Article 3 - Cancellation, Suspension, and Revocation of Licenses
§ 40-5-50. Authority of Department to Cancel License or Identification Card - The department is authorized to cancel any driver’s license or...
§ 40-5-51. Suspension of Driving Privilege of Nonresident; Reporting Convictions, Suspensions, and Revocations of Nonresidents - History. Code 1933, § 68B-302, enacted by Ga. L. 1975,...
§ 40-5-52. Suspension of License or Operating Privilege for Conduct in Another State - History. Code 1933, § 68B-303, enacted by Ga. L. 1975,...
§ 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 - History. Ga. L. 1937, p. 322, art. 4, § 13;...
§ 40-5-54. Mandatory Suspension of License; Notice of Suspension - History. Ga. L. 1939, p. 135, § 10; Ga. L....
§ 40-5-54.1. Denial or Suspension of License for Noncompliance With Child Support Order - History. Code 1981, § 40-5-54.1 , enacted by Ga. L....
§ 40-5-55. Implied Consent to Chemical Tests - History. Ga. L. 1968, p. 448, § 2; Ga. L....
§ 40-5-56. Suspension of License or Driving Privilege for Failure to Respond to Citation; Reinstatement of License - History. Code 1933, § 68B-316, enacted by Ga. L. 1978,...
§ 40-5-57. Suspension or Revocation of License of Habitually Negligent or Dangerous Driver; Point System - Click to view History. Ga. L. 1968, p. 430, §§...
§ 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 Suspen... - (c.1) In any case where a person’s driver’s license was...
§ 40-5-57.2. Suspension of License for Reckless Stunt Driving - History. Code 1981, § 40-5-57.2 , enacted by Ga. L....
§ 40-5-57.3. Penalty for Multiple Convictions of Causing Serious Injury Due to Right of Way Violations - History. Code 1981, § 40-5-57.3 , enacted by Ga. L....
§ 40-5-58. Habitual Violators; Probationary Licenses - History. Code 1933, § 68B-308, enacted by Ga. L. 1975,...
§ 40-5-59. Reexamination of Drivers Believed to Be Incompetent or Unqualified - History. Code 1933, § 68B-309, enacted by Ga. L. 1975,...
§ 40-5-60. When Revocation or Suspension Effective; Notice - History. Ga. L. 1976, p. 1668, § 1; Ga. L....
§ 40-5-61. Surrender and Return of License; Time Served Under Such Sentence Credited Toward Fulfillment of Period of Revocation or Suspension - History. Code 1933, § 68B-313, enacted by Ga. L. 1975,...
§ 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 - History. Code 1933, § 68B-310, enacted by Ga. L. 1975,...
§ 40-5-63. Periods of Suspension for Certain Convictions of Code Section 40-5-54 or 40-6-391; Conditions to Return of License - History. Code 1933, § 68B-312, enacted by Ga. L. 1975,...
§ 40-5-63.1. Clinical Evaluation and Substance Abuse Treatment Programs for Certain Offenders - In addition to any and all other conditions of license...
§ 40-5-64. Limited Driving Permits for Certain Offenders - (c.1) Exception to standards for approval. History. Code 1933, §...
§ 40-5-64.1. Ignition Interlock Device Limited Driving Permits - History. Code 1981, § 40-5-64.1 , enacted by Ga. L....
§ 40-5-65. Restriction as to Operation Under Foreign License During Period of Revocation or Suspension - Any resident or nonresident whose driver’s license or privilege to...
§ 40-5-66. Appeals From Decisions of Department - History. Ga. L. 1937, p. 322, art. 4, § 11;...
§ 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 - History. Code 1981, § 40-5-69 , enacted by Ga. L....
§ 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 Instrumen... - The State of Georgia has conditioned your privilege to drive...
§ 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 - History. Code 1981, § 40-5-67.2 , enacted by Ga. L....
§ 40-5-69. Circumstances Not Affecting Suspensions by Operation of Law - If a person’s driver’s license is suspended by operation of...
§ 40-5-70. Suspension of Drivers’ Licenses for Failure to Show Proof of Required Minimum Insurance; Hearings; Mandatory Suspension - History. Code 1981, § 40-5-70 , enacted by Ga. L....
§ 40-5-72. Forwarding of License, Tag, and Tag Registration to Department; Notice; Penalty - History. Code 1981, § 40-5-72 , enacted by Ga. L....
§ 40-5-73. Limited Applicability - The provisions of Code Sections 40-5-70, 40-6-10, and 40-6-11 shall...
§ 40-5-74. Defacement or Alteration of Seized License Prohibited - Whenever a person is charged with a violation of the...
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 - History. Code 1981, § 40-5-75 , enacted by Ga. L....
§ 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 - History. Code 1981, § 40-5-76 , enacted by Ga. L....
Article 4 - Restoration of Licenses to Persons Completing Defensive Driving Course or Alcohol or Drug Program
§ 40-5-80. Purpose of Article - The purpose of this article, the “Georgia Driver Improvement Act,”...
§ 40-5-81. Certification and Approval of Courses by Department; Prohibited Behavior by a Clinic or Program - A violation of this subsection shall be a misdemeanor. In...
§ 40-5-82. Administration of Program - History. Code 1933, § 68D-103, enacted by Ga. L. 1978,...
§ 40-5-83. Approval and Operation of Driver Improvement Clinics; Criteria for Defensive Driving Courses, Alcohol and Drug Courses, and Driving Under the Influence Risk Reduction Programs - History. Code 1933, § 68D-104, enacted by Ga. L. 1978,...
§ 40-5-84. Reinstatement of Licenses Suspended for Certain Offenses or for Points - History. Code 1933, § 68D-105, enacted by Ga. L. 1978,...
§ 40-5-85. Reinstatement of Licenses Suspended for Driving Under Influence of Alcohol or Drugs; Red Stripe on Licenses of Repeat Offenders - Notwithstanding any other provision of this chapter, any person convicted...
§ 40-5-86. Reduction of Point Count Upon Completion of Course - Upon the accumulation of points pursuant to Code Section 40-5-57,...
§ 40-5-87. Conditions of Article Exclusive - The requirements and conditions of this article and the rules...
§ 40-5-88. Administrative Penalties - History. Code 1981, § 40-5-88 , enacted by Ga. L....
Article 5 - Identification Cards for Persons Without Drivers’ Licenses
§ 40-5-100. Personal Identification Cards; Contents; Possession of More Than One Card Prohibited; Optional Contributions to and Participation in Voluntary Programs - History. Ga. L. 1973, p. 807, § 1; Ga. L....
§ 40-5-101. Rules and Regulations - The commissioner shall promulgate rules and regulations under which this...
§ 40-5-102. Applicant to Furnish Proof of Birth Date - The department shall require an applicant for an identification card...
§ 40-5-103. Fee; Issuance Period; Exemptions From Fees; Renewal - (a.1) The maximum period for which any identification card shall...
§ 40-5-104. False Statement in Application - Any person who knowingly makes any false statement in an...
§ 40-5-105. Application of Code Section 40-5-2 - The provisions of Code Section 40-5-2 regarding the maintenance and...
§ 40-5-106. Impact of Display to Officer of Identification in Electronic Format - Any person utilizing a wireless telecommunications device as such term...
Article 6 - Miscellaneous Offenses and Jurisdiction of Offenses
§ 40-5-120. Unlawful Use of License or Identification Card; Penalties for Violations of Chapter Generally - It is a misdemeanor for any person to: History. Code...
§ 40-5-121. Driving While License Suspended or Revoked - History. Code 1933, § 68B-402, enacted by Ga. L. 1975,...
§ 40-5-122. Permitting Unlicensed Person to Drive - No person shall knowingly authorize or permit a motor vehicle...
§ 40-5-123. Permitting Unauthorized Minor to Drive - No person shall cause or knowingly permit his child or...
§ 40-5-124. Jurisdiction of Offenses - History. Code 1933, § 68B-405, enacted by Ga. L. 1977,...
§ 40-5-125. Fraudulent Driver’s License or Identification Card; False Statements or Commission of Fraud in Applications; Criminal Violation - History. Code 1981, § 40-5-125 , enacted by Ga. L....
Article 7 - Commercial Drivers’ Licenses
§ 40-5-140. Short Title - This article shall be known and may be cited as...
§ 40-5-141. Purpose and Applicability of Article; Liberal Construction - The purpose of this article is to implement the federal...
§ 40-5-142. Definitions - As used in this article, the term: provided, however, that...
§ 40-5-143. Driving Commercial Motor Vehicle With More Than One License Prohibited - No person who drives a commercial motor vehicle shall have...
§ 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 - The applicant shall certify that all information furnished is true...
§ 40-5-145. Duties of Employer - History. Code 1981, § 40-5-145 , enacted by Ga. L....
§ 40-5-146. Operation of Commercial Motor Vehicle Without Valid License or Driving Privilege - History. Code 1981, § 40-5-146 , enacted by Ga. L....
§ 40-5-147. Requirements for Issuance of License or Instruction Permit; Administration of Skills Test by Third Party; Waiver or Exemption; Disqualification and Notice - History. Code 1981, § 40-5-147 , enacted by Ga. L....
§ 40-5-148. Nonresident License - The department may issue a nonresident commercial driver’s license to...
§ 40-5-148.1. Restricted Commercial Licenses for Persons in Agricultural Industry - History. Code 1981, § 40-5-148.1 , enacted by Ga. L....
§ 40-5-148.2. Issuance of Nonresident Commercial Drivers’ Licenses - If an individual is a resident of another state while...
§ 40-5-148.3. Submission of Medical Examiner’s Certificate; Penalty for False Submissions - History. Code 1981, § 40-5-148.3 , enacted by Ga. L....
§ 40-5-149. Contents of Application; Application Required When Name, Mailing Address, or Residence Changed - Each application shall be accompanied by an application fee of...
§ 40-5-150. Contents of License; Classifications; Endorsements and Restrictions; Information to Be Obtained Before Issuance; Notice of Issuance; Expiration of License; Renewal - (5.1) “S” — Authorizes the driver to drive a school...
§ 40-5-151. Disqualification From Driving; Action Required After Suspending, Revoking, or Canceling License or Nonresident Privileges - (a.1) Any person is disqualified from driving a commercial motor...
§ 40-5-152. Operating Vehicle While Having Measurable Alcohol in System; Refusal to Take Chemical Test - History. Code 1981, § 40-5-152 , enacted by Ga. L....
§ 40-5-153. Implied Consent to Chemical Test; Administration of Test; Procedure - History. Code 1981, § 40-5-153 , enacted by Ga. L....
§ 40-5-154. Notice to Licensing State of Conviction of Nonresident Licensee for Violation of State Law or Local Ordinance - Within ten days after receiving a report of the conviction...
§ 40-5-155. Information to Be Available to Driver’s License Administrators of Other States, Employers, and Insurers - Notwithstanding any other provision of law to the contrary, the...
§ 40-5-156. Rules and Regulations - The commissioner may adopt any rules and regulations necessary to...
§ 40-5-157. Authority for Commissioner to Enter Into Agreements, Arrangements, or Declarations - The commissioner or his or her designee may enter into...
§ 40-5-158. Driving With License Issued by State or Province or Territory of Canada in Accordance With Minimum Federal Standards - Notwithstanding any other law to the contrary, a person may...
§ 40-5-159. Violations - History. Code 1981, § 40-5-159 , enacted by Ga. L....
Article 8 - Identification Cards for Persons With Disabilities
§ 40-5-170. Definitions - As used in this article, the term: History. Code 1981,...
§ 40-5-171. Issuance and Contents of Identification Cards for Persons With Disabilities - History. Code 1981, § 40-5-171 , enacted by Ga. L....
§ 40-5-172. Term of Card Issued to Person With Permanent Disability; Issuance to Person With Temporary Disability; Renewal - History. Code 1981, § 40-5-172 , enacted by Ga. L....
§ 40-5-173. Format of Card - The face of the identification card for persons with disabilities...
§ 40-5-174. Proof of Need for Special Transportation Services for Persons With Disabilities - The face of the identification card for persons with disabilities...
§ 40-5-175. Admission to Seating for Persons With Disabilities at Public Events - The identification card for persons with disabilities shall bear the...
§ 40-5-176. Rules and Regulations - The commissioner shall promulgate rules and regulations under which this...
§ 40-5-177. Evidence of Applicant’s Birth Date Required - The department shall require an applicant for an identification card...
§ 40-5-178. Fee for Card; Waiver for Person With Veteran’s Driver’s License - History. Code 1981, § 40-5-178 , enacted by Ga. L....
§ 40-5-179. Fraudulent Identification Cards; Penalties - It is a misdemeanor for any person: History. Code 1981,...