 |
GEORGIA CODE (Last Updated: August 20, 2013) |
 |
Title 40. MOTOR VEHICLES AND TRAFFIC |
|
|
Chapter 5. DRIVERS' LICENSES |
|
|
Article 3. CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES |
| § 40-5-50. Authority of department to cancel license or identification card |
| § 40-5-51. Suspension of driving privilege of nonresident; reporting convictions, suspensions, and revocations of nonresidents |
| § 40-5-52. Suspension of license or operating privilege for conduct in another state |
| § 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 |
| § 40-5-54. Mandatory suspension of license; notice of suspension |
| § 40-5-54.1. Denial or suspension of license for noncompliance with child support order |
| § 40-5-55. Implied consent to chemical tests |
| § 40-5-56. Suspension of license or driving privilege for failure to respond to citation; reinstatement of license |
| § 40-5-57. Suspension or revocation of license of habitually negligent or dangerous driver; point system |
| § 40-5-57.2. Suspension based on violation of Code Section 40-6-255 |
| § 40-5-57.3. Penalty for multiple convictions of causing serious injury due of right of way violations |
| § 40-5-58. Habitual violators; probationary licenses |
| § 40-5-59. Reexamination of drivers believed to be incompetent or unqualified |
| § 40-5-60. When revocation or suspension effective; notice |
| § 40-5-61. Surrender and return of license |
| § 40-5-62. Periods of revocation; conditions to restoration of license or issuance of new license |
| § 40-5-63. Periods of suspension; conditions to return of license |
| § 40-5-63.1. Clinical evaluation and substance abuse treatment programs for certain offenders |
| § 40-5-64. Limited driving permits for certain offenders |
| § 40-5-65. Restriction as to operation under foreign license during period of revocation or suspension |
| § 40-5-66. Appeals from decisions of department |
| § 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 |
| § 40-5-67.2. Terms and conditions for suspension of license under subsection (c) of Code Section 40-5-67.1 |
| § 40-5-68. Suspension of licenses by operation of law for failure to complete alcohol or drug program |
| § 40-5-69. Circumstances not affecting suspensions by operation of law |
| § 40-5-70. Suspension of drivers' licenses for failure to show proof of required minimum insurance; hearings; mandatory suspension. |
| § 40-5-71. Notice of insurance issuance, renewal, or termination; lapse fee; suspension of license following insurance termination; restricted driving permits |
| § 40-5-72. Forwarding of license, tag, and tag registration to department; notice; penalty |
| § 40-5-73. Limited applicability |
| § 40-5-74. Defacement or alteration of seized license prohibited |
REFS & ANNOS
TITLE 40 Chapter 5 Article 3 NOTE
CROSS REFERENCES. --Procedure for suspension of driver's license for failure or refusal to submit to inspection for determination of compliance with vehicle size, weight, and other laws, T. 40, Ch. 13. Suspension of drivers' licenses for failure to obtain motor vehicle insurance, § 40-5-70 et seq. Suspension of driver's license for failure to satisfy judgment rendered in action arising out of motor vehicle accident, § 40-9-60 et seq. Prosecution of traffic offenses, T. 40, C. 13.
EDITOR'S NOTES. --Code Sections 40-5-67 through 40-5-69, which became effective in this article January 1, 1991, were formerly contained in Article 3A, pertaining to the disposition of licenses of persons driving under the influence of alcohol or drugs. The former Article 3A consisted of Code Sections 40-5-67 through 40-5-73 and was based on Ga. L. 1983, p. 1000, § 1; Ga. L. 1984, p. 22, § 40; Ga. L. 1984, p. 797, § 3; Ga. L. 1985, p. 758, §§ 10 and 11, Ga. L. 1989, p. 14, § 40; and Ga. L. 1990, p. 1154.
ADMINISTRATIVE RULES AND REGULATIONS. --Revocation and suspension, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Driver Services, Chapter 375-3-3.
LAW REVIEWS. --For note on 1993 amendment of this article, see 10 Ga. St. U.L. Rev. 169 (1993). For note on the 1994 amendments of Code Sections 40-5-58, 40-5-64, 40-5-67 to 40-5-67.2 of this article, see 11 Ga. St. U.L. Rev. 215 (1994).
JUDICIAL DECISIONS
SUSPENSION OF LICENSE BY COURT. --Although the Department of Public Safety has the authority to cancel, suspend, or revoke a driver's license under certain circumstances, O.C.G.A. Art. 3, Ch. 5, T. 40 does not purport to deprive a court of competent jurisdiction of the authority to suspend a driver's license as a condition of probation. Brock v. State, 165 Ga. App. 150, 299 S.E.2d 71 (1983).
ISSUANCE OF LIMITED PERMIT. --There is no authority for issuance of a limited permit to a person currently ineligible for a license due to a conviction of driving with a revoked license. Hardison v. Popham, 151 Ga. App. 143, 259 S.E.2d 149 (1979).
CITED in Hardison v. Shepard, 246 Ga. 196, 269 S.E.2d 458 (1980).
RESEARCH REFERENCES
AM. JUR. 2D. --7A Am. Jur. 2d, Automobiles and Highway Traffic, § 116 et seq.
ALR. --Validity, construction, and application of provision for revocation or suspension of driver's license because of conviction of traffic violation in another state, 87 ALR2d 1019.
Ordinance providing for suspension or revocation of state-issued driver's license as within municipal power, 92 ALR2d 204.
Necessity of notice and hearing before revocation or suspension of motor vehicle driver's license, 60 ALR3d 361.
Request for prior administration of additional test as constituting refusal to submit to chemical sobriety test under implied consent law, 98 ALR3d 572.
State's liability to one injured by improperly licensed driver, 41 ALR4th 111.
Validity and application of statute or regulation authorizing revocation or suspension of driver's license for reason unrelated to use of, or ability to operate, motor vehicle, 18 ALR5th 542.
EDITOR'S NOTES. --Code Sections 40-5-67 through 40-5-69, which became effective in this article January 1, 1991, were formerly contained in Article 3A, pertaining to the disposition of licenses of persons driving under the influence of alcohol or drugs. The former Article 3A consisted of Code Sections 40-5-67 through 40-5-73 and was based on Ga. L. 1983, p. 1000, § 1; Ga. L. 1984, p. 22, § 40; Ga. L. 1984, p. 797, § 3; Ga. L. 1985, p. 758, §§ 10 and 11, Ga. L. 1989, p. 14, § 40; and Ga. L. 1990, p. 1154.
ADMINISTRATIVE RULES AND REGULATIONS. --Revocation and suspension, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Driver Services, Chapter 375-3-3.
LAW REVIEWS. --For note on 1993 amendment of this article, see 10 Ga. St. U.L. Rev. 169 (1993). For note on the 1994 amendments of Code Sections 40-5-58, 40-5-64, 40-5-67 to 40-5-67.2 of this article, see 11 Ga. St. U.L. Rev. 215 (1994).
JUDICIAL DECISIONS
SUSPENSION OF LICENSE BY COURT. --Although the Department of Public Safety has the authority to cancel, suspend, or revoke a driver's license under certain circumstances, O.C.G.A. Art. 3, Ch. 5, T. 40 does not purport to deprive a court of competent jurisdiction of the authority to suspend a driver's license as a condition of probation. Brock v. State, 165 Ga. App. 150, 299 S.E.2d 71 (1983).
ISSUANCE OF LIMITED PERMIT. --There is no authority for issuance of a limited permit to a person currently ineligible for a license due to a conviction of driving with a revoked license. Hardison v. Popham, 151 Ga. App. 143, 259 S.E.2d 149 (1979).
CITED in Hardison v. Shepard, 246 Ga. 196, 269 S.E.2d 458 (1980).
RESEARCH REFERENCES
AM. JUR. 2D. --7A Am. Jur. 2d, Automobiles and Highway Traffic, § 116 et seq.
ALR. --Validity, construction, and application of provision for revocation or suspension of driver's license because of conviction of traffic violation in another state, 87 ALR2d 1019.
Ordinance providing for suspension or revocation of state-issued driver's license as within municipal power, 92 ALR2d 204.
Necessity of notice and hearing before revocation or suspension of motor vehicle driver's license, 60 ALR3d 361.
Request for prior administration of additional test as constituting refusal to submit to chemical sobriety test under implied consent law, 98 ALR3d 572.
State's liability to one injured by improperly licensed driver, 41 ALR4th 111.
Validity and application of statute or regulation authorizing revocation or suspension of driver's license for reason unrelated to use of, or ability to operate, motor vehicle, 18 ALR5th 542.