---
title: O.C.G.A. § 40-5-9. Pauper’s affidavit for a partial waiver of driver’s license reinstatement and restoration fees.
collection: code
id: 40-5-9
cite_as: O.C.G.A. § 40-5-9 (2025)
canonical_url: https://georgiacommons.org/code/40-5-9
md_url: https://georgiacommons.org/code/40-5-9.md
text_url: https://georgiacommons.org/code/40-5-9/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t40-ch1-5-(v28a)-2024-pdf.pdf?sfvrsn=636595ac_0#page=510
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MOTOR VEHICLES AND TRAFFIC / DRIVERS’ LICENSES / GENERAL PROVISIONS
---

# O.C.G.A. § 40-5-9. Pauper’s affidavit for a partial waiver of driver’s license reinstatement and restoration fees.

(a) A pauper’s affidavit may be filed in lieu of paying the driver’s license reinstatement or restoration fee otherwise required by this chapter. An individual filing a pauper’s affidavit shall under oath affirm his or her poverty and his or her resulting inability to pay the driver’s license reinstatement or restoration fee otherwise required by this chapter. The form of the affidavit shall be prescribed by the commissioner and shall indicate on its face that such individual has neither the income nor the assets to pay the fee otherwise required. The following warning shall be printed on the affidavit form prepared by the commissioner, to wit: “WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.”

(b) Upon the submission of a pauper’s affidavit, the driver’s license reinstatement or restoration fee shall be waived.

(c) The commissioner may promulgate such rules and regulations as are necessary to implement this Code section.

## History

Code 1981, § 40-5-9, enacted by Ga. L. 2016, p. 443, § 4-1/SB 367; Ga. L. 2024, p. 560, § 6/HB 926, effective May 2, 2024.

## Editor's Notes

Ga. L. 2024, p. 560, § 1/HB 926, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Second Chance Workforce Act.’”

## Law Reviews

For article on the 2016 enactment of this Code section, see 33 Georgia St. U.L. Rev. 139 (2016).

## Administrative Rules and Regulations

Pauper’s Affidavit for Reinstatement or Restoration Fees, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Driver Services, Driver License Services, Revocation and Suspension, Rule 375-3-3-.23.

## Amendments

The 2024 amendment, effective May 2, 2024, substituted “waived” for “50 percent of the fee required by law” at the end of subsection (b) and added subsection (c).