Disqualification From Driving; Action Required After Suspending, Revoking, or Canceling License or Nonresident Privileges

  1. Law
  2. Georgia Code
  3. Motor Vehicles and Traffic
  4. Drivers' Licenses
  5. Commercial Drivers' Licenses
  6. Disqualification From Driving; Action Required After Suspending, Revoking, or Canceling License or Nonresident Privileges

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  1. Any person is disqualified from driving a commercial vehicle for a period of not less than 60 days if convicted of a first violation of subsection (b) of Code Section 40-5-125.
  2. Any person is disqualified from driving a commercial motor vehicle for a period of three years if convicted of a first violation of using a commercial motor vehicle in the commission of a felony or a major traffic violation as defined in paragraph (18.2) of Code Section 40-5-142, provided that the vehicle being operated or used in connection with such violation or commission of such felony is transporting a hazardous material required to be placarded under Section 105 of the Hazardous Materials Transportation Act, 49 U.S.C. app. 1804.
  3. Any person is disqualified from driving a commercial motor vehicle for life if convicted of a second or subsequent major traffic violation as defined in paragraph (18.2) of Code Section 40-5-142 or any combination of such violations arising from two or more separate incidents.
  4. The department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (c) of this Code section may be reduced to a period of not less than ten years. The department is not authorized to make any other reduction in a term of disqualification or to issue a limited or other permit or license that would allow the operation of a commercial motor vehicle during the term of disqualification mandated by this Code section.
  5. Notwithstanding the provisions of subsection (d) of this Code section, any person is disqualified from driving a commercial motor vehicle for life who knowingly uses a:
    1. Motor vehicle in the commission of any felony involving the manufacture, distribution, cultivation, sale, transfer of, trafficking in, or dispensing of a controlled substance or marijuana, or possession with intent to manufacture, distribute, cultivate, sell, transfer, traffic in, or dispense a controlled substance or marijuana; or
    2. Commercial motor vehicle in the commission of an offense of trafficking an individual for labor servitude or sexual servitude in violation of Code Section 16-5-46.
  6. Any person is disqualified from driving a commercial motor vehicle for a period of:
    1. Not less than 60 days if convicted of two serious traffic violations as defined in paragraph (22) of Code Section 40-5-142 arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained; or
    2. Not less than 120 days if convicted of a third or subsequent serious traffic violation as defined in paragraph (22) of Code Section 40-5-142 arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained.
    1. Any person is disqualified from driving a commercial motor vehicle based on the following violations of out-of-service orders:
      1. First violation - a driver who is convicted of a first violation of an out-of-service order is disqualified for a period of not less than 180 days and not more than one year;
      2. Second violation - a driver who is convicted of two violations of out-of-service orders in separate incidents is disqualified for a period of not less than two years and not more than five years; and
      3. Third or subsequent violation - a driver who is convicted of three or more violations of out-of-service orders in separate incidents is disqualified for a period of not less than three years and not more than five years.
    2. Whenever the operator of a commercial motor vehicle is issued an out-of-service order, a copy of such order shall be issued to the operator of the commercial motor vehicle, the operator of the commercial motor vehicle's employer, and a copy or notice of such out-of-service order shall be provided to the department. The form of such out-of-service order, the procedures for notifying the department upon the issuance of such an order, and other matters relative to the issuance of out-of-service orders and violations thereof shall be provided in rules and regulations promulgated by the commissioner.
    3. Any person is disqualified for a period of not less than 180 days nor more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under Section 105 of the Hazardous Materials Transportation Act, 49 U.S.C. app. 1804, or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver. A driver is disqualified for a period of not less than three years nor more than five years if, during any ten-year period, the driver is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under Section 105 of the Hazardous Materials Transportation Act, 49 U.S.C. app. 1804, or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver.
    4. In addition to any other penalty imposed pursuant to this article, any driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than $2,500.00 for a first offense and not less than $5,000.00 for a second or subsequent offense.
  8. After suspending, revoking, or canceling a commercial driver's license, the department shall update its records to reflect that action within ten days. After suspending, revoking, or canceling a nonresident commercial driver's privileges, the department shall notify the licensing authority of the state which issued the commercial driver's license within ten days.
  9. Any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 consecutive days if it is determined, in a check of an applicant's license status and record prior to issuing a commercial driver's instruction permit or commercial driver's license or at any time after the commercial driver's instruction permit or commercial driver's license is issued, that the applicant has falsified information on his or her application or any related filing.
    1. Any person is disqualified from driving a commercial vehicle for a period of not less than 30 days if the department receives notification from the Federal Motor Carrier Safety Administration that the person poses an imminent hazard.
    2. If the Federal Motor Carrier Safety Administration notifies the department that a person's driving constitutes an imminent hazard and imposes a disqualification greater than 30 days, the person shall be disqualified from driving a commercial vehicle for the period designated by the Federal Motor Carrier Safety Administration, not to exceed one year.
    1. Any person is disqualified from operating a commercial motor vehicle if convicted of any of the following railroad grade crossing offenses while operating a commercial motor vehicle:
      1. Failing to slow down and check the tracks are clear of an approaching train before proceeding;
      2. Failing to stop before reaching the crossing if the tracks are not clear;
      3. Failing to stop before driving onto the crossing;
      4. Failing to leave sufficient space to drive completely through a railroad crossing without stopping;
      5. Failing to obey a traffic-control device or the directions of an enforcement official at a railroad crossing; or
      6. Failing to negotiate a crossing because of insufficient undercarriage clearance.
      1. Upon a first conviction for an offense listed in paragraph (1) of this subsection, the period of disqualification shall be 60 days.
      2. Upon a second conviction within a three-year period for an offense listed in paragraph (1) of this subsection arising from a separate incident within a three-year period, the period of disqualification shall be 120 days.
      3. Upon a third or subsequent conviction within a three-year period for an offense listed in paragraph (1) of this subsection arising from a separate incident, the period of disqualification shall be one year.
    1. All disqualifications as provided for in subsection (f) of this Code section shall become effective upon the date that the department processes the citation or conviction, provided that no such disqualification is in effect; if such disqualification is in effect the subsequent disqualification shall not take effect until the current disqualification expires.
    2. Notwithstanding paragraph (1) of this subsection, any other disqualification as provided for in this Code section shall become effective upon the date that the department processes the citation or conviction and may run concurrently to any other disqualifications in effect.
  13. All disqualifications provided for in this Code section shall be imposed based on offenses in state law or on offenses of any laws or ordinances equivalent thereto in this state, in any other state, or in any foreign jurisdiction.

(a.1)Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted of a first violation of a major traffic violation as defined in paragraph (18.2) of Code Section 40-5-142.

(Code 1981, §40-5-151, enacted by Ga. L. 1989, p. 519, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 1991, p. 618, § 3; Ga. L. 1992, p. 2785, § 21; Ga. L. 1995, p. 229, § .5; Ga. L. 2000, p. 951, § 5-59; Ga. L. 2002, p. 1378, § 5; Ga. L. 2003, p. 484, § 6; Ga. L. 2004, p. 631, § 40; Ga. L. 2006, p. 329, § 3/HB 1275; Ga. L. 2006, p. 449, § 19/HB 1253; Ga. L. 2007, p. 47, § 40/SB 103; Ga. L. 2007, p. 117, § 5/HB 419; Ga. L. 2008, p. 171, § 12/HB 1111; Ga. L. 2008, p. 324, § 40/SB 455; Ga. L. 2015, p. 1370, § 4/HB 118; Ga. L. 2020, p. 240, § 2/HB 823.)

The 2020 amendment, effective July 21, 2020, substituted "uses a:" for "uses a motor" at the beginning of subsection (e); added the paragraph (e)(1) designation; in present paragraph (e)(1), inserted "Motor" immediately following the paragraph designation and substituted "; or" for a period at the end; and added paragraph (e)(2). See Editor's note for applicability.

Cross references.

- Disqualifying offense of cargo theft, § 16-8-22.

Editor's notes.

- Ga. L. 2020, p. 240, § 3/HB 823, not codified by the General Assembly, provides that the addition of paragraph (e)(2) shall apply to offenses committed on or after July 21, 2020.

JUDICIAL DECISIONS

Order upheld when driver afforded sufficient due process.

- Administrative decision disqualifying a driver from driving a commercial motor vehicle for life based on the refusal to submit to state-administered chemical testing and a prior conviction for driving under the influence was upheld as the arresting officer informed the driver that the driver could lose that driver's license to drive upon refusing to submit to chemical testing, and the requirements of due process did not require the arresting officer to inform the driver of all the consequences of refusing to submit to chemical testing. Moreover, the driver requested and received a hearing under O.C.G.A. § 40-5-67.1(g)(1). Chancellor v. Dozier, 283 Ga. 259, 658 S.E.2d 592 (2008).

Implied consent requirements.

- Implied consent notice given to a defendant under O.C.G.A. § 40-5-67.1(b)(2) did not violate due process; the ability to refuse to submit to chemical testing was not a constitutional right and as a trooper advised the defendant that a refusal to submit to testing could result in the suspension of the defendant's personal driver's license, the trooper was not required to also advise the defendant that under O.C.G.A. § 40-5-151(c), the defendant could also lose the defendant's commercial driver's license for life. Chancellor v. State, 284 Ga. 66, 663 S.E.2d 203 (2008).

Cited in Meyer v. State, 224 Ga. App. 183, 480 S.E.2d 234 (1997).

OPINIONS OF THE ATTORNEY GENERAL

Reporting of convictions.

- Convictions for violations of O.C.G.A. §§ 40-6-391(2), (4), (6), and40-5-151 should be reported by the superior court clerk to Department of Driver Services (DDS) and violations of O.C.G.A. §§ 16-13-30(b),16-13-31, and16-13-31.1 should be reported to DDS only upon the clerk's determination that the conviction meets the mandate of O.C.G.A. § 40-5-54(a)(2). 2017 Op. Att'y Gen. No. 17-4.


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