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Official Code of Georgia Annotated

Title 40. MOTOR VEHICLES AND TRAFFIC · Chapter 5. DRIVERS’ LICENSES · Article 2. ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES

40-5-29. License to be carried and exhibited on demand.

Active

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

  1. (a)

    Every licensee shall have his or her driver’s license in his or her immediate possession at all times when operating a motor vehicle. Any person who has a receipt issued by the department reflecting issuance, renewal, replacement, or reinstatement of his or her driver’s license in his or her immediate possession shall be considered to have such license in his or her immediate possession if such is confirmed to be valid by the department or through the Georgia Crime Information Center. The department may establish by rule and regulation the term of such receipt. Notwithstanding the foregoing, no receipt issued by the department shall be accepted as proof of such person’s identity for any other purpose, including but not limited to proof of voter identification or proof of age for purposes of purchasing alcoholic beverages.#

  2. (b)
    1. (1)

      Every licensee required pursuant to subsection (a) of this Code section to possess his or her license shall display his or her license upon the demand of a law enforcement officer. When records of the department indicate that the department has issued a licensee a license in an electronic format and a law enforcement officer possesses the proper equipment, such law enforcement officer shall accept such license upon a wireless telecommunications device as satisfactory proof of compliance with the requirements of this Code section. A licensee issued a license in an electronic format shall not be compelled to display an electronic format of his or her license when such licensee displays the physical format of his or her license upon the demand of a law enforcement officer.#

    2. (2)

      Any person utilizing a wireless telecommunications device to display his or her license in electronic format in order to comply with subsection (a) of this Code section shall not be considered to have consented to a search of such device by a law enforcement officer. No person shall be compelled to release his or her wireless telecommunications device to a law enforcement officer pursuant to this Code section.#

    3. (3)

      As used in this subsection, the term “wireless telecommunications device” shall have the same meaning as set forth in Code Section 40-6-241.#

    4. (4)

      By July 1, 2027, all law enforcement officers shall acquire equipment capable of verifying a license issued in an electronic format.#

  3. (c)

    A person convicted of a violation of subsection (a) of this Code section shall be fined no more than $10.00 if he or she produces in court a license theretofore issued to him or her and valid at the time of his or her arrest.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

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

Ga. L. 1937, p. 322, art. 4, § 7; Ga. L. 1951, p. 598, § 4; Code 1933, § 68B-210, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 2014, p. 710, § 2-2/SB 298; Ga. L. 2020, p. 199, § 3-3/HB 463;Ga. L. 2025, p. 627, § 4/HB 296, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, rewrote paragraph (b)(1); added the second sentence of paragraph (b)(2); in paragraph (b)(3), substituted “As used in” for “For purposes of” and “set forth” for “provided”; and added paragraph (b)(4).

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)-pdf.pdf, Volume V28A, 2024 edition, 2025 supplement, pages 130 to 131; merge action: replaced; file SHA-256 88c2e7ce2110.