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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 40. MOTOR VEHICLES AND TRAFFIC |
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Chapter 5. DRIVERS' LICENSES |
| Article 1. GENERAL PROVISIONS |
| Article 2. ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES |
| Article 3. CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES |
| Article 3A. SUSPENSION OF LICENSE FOR CERTAIN DRUG OFFENSES |
| Article 4. RESTORATION OF LICENSES TO PERSONS COMPLETING DEFENSIVE DRIVING COURSE OR ALCOHOL OR DRUG PROGRAM |
| Article 5. IDENTIFICATION CARDS FOR PERSONS WITHOUT DRIVERS' LICENSES |
| Article 6. MISCELLANEOUS OFFENSES AND JURISDICTION OF OFFENSES |
| Article 7. COMMERCIAL DRIVERS' LICENSES |
| Article 8. IDENTIFICATION CARDS FOR PERSONS WITH DISABILITIES |
REFS & ANNOS
TITLE 40 Chapter 5 NOTE
CROSS REFERENCES. --Driver education course included for purposes of enrollment counts of public school students, § 20-2-160. Registration and licensing of motor vehicles, T. 40, C. 2. Licenses for driver training instructors and operators of driver training schools, T. 43, C. 13.
EDITOR'S NOTES. --Since the purpose of Ga. L. 1990, p. 2048, was to "revise, reorganize, modernize, consolidate, and clarify" laws relating to certain aspects of the motor vehicle code, wherever it was possible to do so, other Acts amending Title 40 were construed in conjunction with Ga. L. 1990, p. 2048. This construction particularly includes Acts amending a given Code section when the Code section was later renumbered or redesignated by Ga. L. 1990, p. 2048.
Ga. L. 1990, p. 2048, § 17, not codified by the General Assembly, provides: "Prosecution for any violation of Sections 4 and 5 of this Act occurring prior to January 1, 1991, is not affected or abated by this Act."
ADMINISTRATIVE RULES AND REGULATIONS. --General provisions, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Driver Services, Chapter 375-31.
LAW REVIEWS. --For note on 1991 amendments to this chapter, see 8 Georgia. St. U.L. Rev. 129 (1992).
For comment, "You Better Smile When You Say 'Cheese!': Whether the Photograph Requirement for Drivers' Licenses Violates the Free Exercise Clause of the First Amendment," see 61 Mercer L. Rev. 611 (2010).
JUDICIAL DECISIONS
EFFECT OF CHAPTER. --O.C.G.A. Ch. 5, T. 40 comprehensively revised the provisions for licensing drivers. Littlejohn v. State, 165 Ga. App. 562, 301 S.E.2d 917 (1983).
OPINIONS OF THE ATTORNEY GENERAL
SUSPENSION AND RETENTION OF LICENSES OF CONVICTED RACERS. --Amendment to the Uniform Rules of the Road Act, having been approved by the Governor subsequent to approval of the Drivers Licensing Act, prevails over the Drivers Licensing Act to the extent that there is a conflict between them; thus, the department should continue to suspend and retain drivers licenses of persons convicted of racing in accordance with the provisions of the Uniform Rules of the Road Act and disregard the inconsistent provisions of the Drivers Licensing Act which were approved prior to the Uniform Rules of the Road Act. 1975 Op. Att'y Gen. 75-117.
DISCLOSURE OF DRIVING RECORD TO PRIVATE ATTORNEY may not be made without authorization from the driver to whom the disclosure relates. 1975 Op. Att'y Gen. No. 75-122.
RESEARCH REFERENCES
AM. JUR. 2D. --7A Am. Jur. 2d, Automobiles and Highway Traffic, § 100 et seq.
ALR. --Civil rights and liabilities as affected by failure to comply with regulations as to registration of automobile or motorcycle, or licensing of operator, 58 ALR 532; 61 ALR 1190; 78 ALR 1028; 87 ALR 1469; 111 ALR 1258; 163 ALR 1375.
Sufficiency of indictment or information charging in words of statute offense relating to operation of automobile, 115 ALR 357.
Traffic violation as violation of law within provision of life or accident insurance policy or certificate excepting death or injury due to violation of law, 125 ALR 1104.
Negligent entrustment of motor vehicle to unlicensed driver, 55 ALR4th 1100.
EDITOR'S NOTES. --Since the purpose of Ga. L. 1990, p. 2048, was to "revise, reorganize, modernize, consolidate, and clarify" laws relating to certain aspects of the motor vehicle code, wherever it was possible to do so, other Acts amending Title 40 were construed in conjunction with Ga. L. 1990, p. 2048. This construction particularly includes Acts amending a given Code section when the Code section was later renumbered or redesignated by Ga. L. 1990, p. 2048.
Ga. L. 1990, p. 2048, § 17, not codified by the General Assembly, provides: "Prosecution for any violation of Sections 4 and 5 of this Act occurring prior to January 1, 1991, is not affected or abated by this Act."
ADMINISTRATIVE RULES AND REGULATIONS. --General provisions, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Driver Services, Chapter 375-31.
LAW REVIEWS. --For note on 1991 amendments to this chapter, see 8 Georgia. St. U.L. Rev. 129 (1992).
For comment, "You Better Smile When You Say 'Cheese!': Whether the Photograph Requirement for Drivers' Licenses Violates the Free Exercise Clause of the First Amendment," see 61 Mercer L. Rev. 611 (2010).
JUDICIAL DECISIONS
EFFECT OF CHAPTER. --O.C.G.A. Ch. 5, T. 40 comprehensively revised the provisions for licensing drivers. Littlejohn v. State, 165 Ga. App. 562, 301 S.E.2d 917 (1983).
OPINIONS OF THE ATTORNEY GENERAL
SUSPENSION AND RETENTION OF LICENSES OF CONVICTED RACERS. --Amendment to the Uniform Rules of the Road Act, having been approved by the Governor subsequent to approval of the Drivers Licensing Act, prevails over the Drivers Licensing Act to the extent that there is a conflict between them; thus, the department should continue to suspend and retain drivers licenses of persons convicted of racing in accordance with the provisions of the Uniform Rules of the Road Act and disregard the inconsistent provisions of the Drivers Licensing Act which were approved prior to the Uniform Rules of the Road Act. 1975 Op. Att'y Gen. 75-117.
DISCLOSURE OF DRIVING RECORD TO PRIVATE ATTORNEY may not be made without authorization from the driver to whom the disclosure relates. 1975 Op. Att'y Gen. No. 75-122.
RESEARCH REFERENCES
AM. JUR. 2D. --7A Am. Jur. 2d, Automobiles and Highway Traffic, § 100 et seq.
ALR. --Civil rights and liabilities as affected by failure to comply with regulations as to registration of automobile or motorcycle, or licensing of operator, 58 ALR 532; 61 ALR 1190; 78 ALR 1028; 87 ALR 1469; 111 ALR 1258; 163 ALR 1375.
Sufficiency of indictment or information charging in words of statute offense relating to operation of automobile, 115 ALR 357.
Traffic violation as violation of law within provision of life or accident insurance policy or certificate excepting death or injury due to violation of law, 125 ALR 1104.
Negligent entrustment of motor vehicle to unlicensed driver, 55 ALR4th 1100.