§ 40-5-140. Short Title
This article shall be known and may be cited as the “Uniform Commercial Driver’s License Act.” History. Code 1981, § 40-5-140 , enacted by Ga. L. 1989, p. 519, § 1; Ga. L. 1990, p. 2048, § 4.
§ 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 […]
§ 40-5-143. Driving Commercial Motor Vehicle With More Than One License Prohibited
No person who drives a commercial motor vehicle shall have more than one driver’s license. History. Code 1981, § 40-5-143 , enacted by Ga. L. 1989, p. 519, § 1; Ga. L. 1990, p. 2048, § 4.
§ 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 […]
§ 40-5-146. Operation of Commercial Motor Vehicle Without Valid License or Driving Privilege
Except when driving under a commercial driver’s instruction permit and accompanied by the holder of a commercial driver’s license valid for the vehicle being driven, no person may operate a commercial motor vehicle unless the person has been issued and is in immediate possession of a commercial driver’s license valid for the vehicle he or […]
§ 40-5-147. Requirements for Issuance of License or Instruction Permit; Administration of Skills Test by Third Party; Waiver or Exemption; Disqualification and Notice
Except as otherwise provided in Code Section 40-5-148, no person shall be issued a commercial driver’s license unless that person: Is a resident of this state; Is at least 18 years of age; Has completed a commercial driver training course which complies with 49 C.F.R. Parts 383 and 384; Has passed a knowledge and skills […]
§ 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 […]
§ 40-5-148.1. Restricted Commercial Licenses for Persons in Agricultural Industry
Pursuant to a waiver of the United States Secretary of Transportation, issued April 17, 1992, the department is authorized to issue Class B or Class C restricted commercial drivers’ licenses to certain persons employed in the agricultural industry. Such restricted licenses shall be issued annually but shall not be valid for more than a total […]
§ 40-5-148.2. Issuance of Nonresident Commercial Drivers’ Licenses
If an individual is a resident of another state while that other state is prohibited from issuing commercial drivers’ licenses pursuant to 49 C.F.R. Section 384.405, that individual is eligible to obtain a nonresident commercial driver’s license. The individual shall provide the information specified in Code Section 40-5-149. The department shall promulgate rules and regulations […]
§ 40-5-148.3. Submission of Medical Examiner’s Certificate; Penalty for False Submissions
Any person applying for issuance or renewal of a commercial driver’s license shall submit a certification of his or her type of driving and a current medical examiner’s certificate to the department as required by 49 C.F.R. Parts 383 and 391. Receipt of such current medical examiner’s certificate shall be reflected upon such person’s driving […]
§ 40-5-149. Contents of Application; Application Required When Name, Mailing Address, or Residence Changed
The application for a commercial driver’s license or commercial driver’s instruction permit shall include the following: The full legal name and current mailing and residential address of the person; A physical description of the person including sex, height, weight, and eye color; Full date of birth; Reserved; The person’s signature; The person’s current photograph; Certifications, […]
§ 40-5-150. Contents of License; Classifications; Endorsements and Restrictions; Information to Be Obtained Before Issuance; Notice of Issuance; Expiration of License; Renewal
The commercial driver’s license shall be marked “Commercial Driver’s License” or “CDL” and shall be, to the maximum extent practicable, tamperproof, and shall include, but not be limited to, the following information: The full legal name and residential address of the person; The person’s photograph; A physical description of the person, including sex, height, weight, […]
§ 40-5-151. Disqualification From Driving; Action Required After Suspending, Revoking, or Canceling License or Nonresident Privileges
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. (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 […]
§ 40-5-152. Operating Vehicle While Having Measurable Alcohol in System; Refusal to Take Chemical Test
Notwithstanding any other provision of this article, a person may not drive, operate, or be in physical control of a commercial motor vehicle while having any measurable alcohol in his or her system. A person who drives, operates, or is in physical control of a commercial motor vehicle while having any measurable alcohol in his […]
§ 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 […]
§ 40-5-154. 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 of any nonresident holder of a commercial driver’s license for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the department shall notify the licensing state of such conviction. History. […]
§ 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 department shall furnish full information regarding the driving record of any person to: The driver’s license administrator of any other state or of any province or territory of Canada requesting that information; Any employer or prospective employer upon the request of such employer and the […]
§ 40-5-156. Rules and Regulations
The commissioner may adopt any rules and regulations necessary to carry out the provisions of this article. History. Code 1981, § 40-5-156 , enacted by Ga. L. 1989, p. 519, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 2000, p. 951, § 5-63.