US Lawyer Database

§ 40-5-153. Implied Consent to Chemical Test; Administration of Test; Procedure

Any person who drives a commercial motor vehicle anywhere in the state shall be deemed to have given consent, subject to the provisions of Code Sections 40-5-55 and 40-6-392, to a test or tests of that person’s blood, breath, or urine for the purpose of determining that person’s alcohol concentration or the presence of other […]

§ 40-5-141. Purpose and Applicability of Article; Liberal Construction

The purpose of this article is to implement the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by permitting commercial drivers to hold only one license; disqualifying commercial drivers who have committed certain criminal or other offenses or […]

§ 40-5-142. Definitions

As used in this article, the term: “Alcohol” means: Beer, ale, port, or stout and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; Wine […]

§ 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

Any driver of a commercial motor vehicle holding a license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state or any federal, provincial, territorial, or municipal laws of Canada relating to motor vehicle traffic control, other than parking violations, […]

§ 40-5-145. Duties of Employer

Each employer shall require every commercial motor vehicle driver applicant to provide the information specified in subsection (d) of Code Section 40-5-144. No employer may knowingly allow, require, permit, or authorize a driver to drive a commercial motor vehicle during any period: In which the driver has a driver’s license suspended, revoked, or canceled by […]

§ 40-5-105. Application of Code Section 40-5-2

The provisions of Code Section 40-5-2 regarding the maintenance and disclosure of department records shall apply, where relevant, to those records maintained or received by the department in connection with identification cards issued under this article. History. Code 1981, § 40-5-105 , enacted by Ga. L. 1997, p. 1446, § 3. Law reviews. For article […]

§ 40-5-148. Nonresident License

The department may issue a nonresident commercial driver’s license to a resident of a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards of the foreign jurisdiction do not meet the testing standards established in 49 C.F.R. Part 383. The word “nonresident” must appear […]