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Official Code of Georgia Annotated

Title 40. MOTOR VEHICLES AND TRAFFIC · Chapter 5. DRIVERS’ LICENSES · Article 7. COMMERCIAL DRIVERS’ LICENSES

40-5-159. Violations.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Any person who drives a commercial motor vehicle while in violation of the provisions of Code Section 40-5-143 or any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of the provisions of subsection (b) of Code Section 40-5-145 shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:#

    1. (1)

      Except as provided for in subsections (d) and (e) of this Code section, by a civil penalty of $2,500.00 for each offense; and#

    2. (2)

      By a fine of $5,000.00, imprisonment for not more than 90 days, or both, for each offense.#

  2. (b)

    Any employer who reports fraudulent information to the department regarding an employee’s employment or experience as required under 49 C.F.R. Part 383 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00.#

  3. (c)

    Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-5-146 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00.#

  4. (d)

    Any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of any federal, state, or local law or regulation pertaining to an out-of-service order shall be subject to a civil penalty in an amount not less than $2,750.00 and not to exceed $25,000.00.#

  5. (e)

    Any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of any federal, state, or local law or regulation pertaining to railroad grade crossings shall be subject to a civil penalty not to exceed $10,000.00.#

  6. (f)

    Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-6-241 shall be subject to a civil penalty not to exceed $2,750.00 in addition to any criminal fines applicable to such violation. Any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of Code Section 40-6-241 shall be subject to a civil penalty not to exceed $11,000.00.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 40-5-159, enacted by Ga. L. 1989, p. 519, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 2000, p. 951, § 5-65; Ga. L. 2003, p. 484, § 8; Ga. L. 2006, p. 449, § 20/HB 1253; Ga. L. 2007, p. 117, § 6/HB 419; Ga. L. 2008, p. 171, § 13/HB 1111; Ga. L. 2015, p. 1370, § 5/HB 118; Ga. L. 2018, p. 127, § 7/HB 673.

Editor's notes

Ga. L. 2018, p. 127, § 1/HB 673, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Hands-Free Georgia Act.’”

Code Commission notes

Pursuant to Code Section 28-9-5, in 1989, “Part” was substituted for “part” in subsection (b).

Law reviews

For article on the 2018 amendment of this Code section, see 35 Georgia St. U.L. Rev. 139 (2018).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t40-ch1-5-(v28a)-2024-pdf.pdf, Volume V28A, 2024 edition, pages 769 to 770; merge action: carried; file SHA-256 991cd8c9db96.