---
title: O.C.G.A. § 40-9-33. Suspension of driver’s license or operating privilege for failure to deposit security.
collection: code
id: 40-9-33
cite_as: O.C.G.A. § 40-9-33 (2025)
canonical_url: https://georgiacommons.org/code/40-9-33
md_url: https://georgiacommons.org/code/40-9-33.md
text_url: https://georgiacommons.org/code/40-9-33/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t40-ch6-16-(v29)-2018-pdf.pdf?sfvrsn=97c394d6_0#page=558
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.
up: https://georgiacommons.org/code/40-9.md
previous: https://georgiacommons.org/code/40-9-32.md
next: https://georgiacommons.org/code/40-9-34.md
index: https://georgiacommons.org/code/index.md
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 / REPORTING ACCIDENTS; GIVING PROOF OF FINANCIAL RESPONSIBILITY / REPORTING ACCIDENTS; GIVING SECURITY FOR DAMAGES
---

# O.C.G.A. § 40-9-33. Suspension of driver’s license or operating privilege for failure to deposit security.

(a) In the event that any person required to deposit security fails to deposit such security within 30 days from the date of mailing of notice as provided in Code Section 40-9-32 and such person does not make a timely request for a hearing, or in the event any person fails to deposit security after the department has determined that there exists a reasonable possibility of a judgment being rendered against such person, the department shall thereupon suspend:

(1) The driver’s license of such person; and

(2) If such person is a nonresident, the privilege of operating or permitting the operation of a vehicle within this state.

(b) The license or nonresident’s operating privilege shall remain so suspended and shall not be restored, nor shall any such license be issued to such person, nor shall such nonresident’s operating privilege be restored, until:

(1) Such person shall deposit or there shall be deposited on his or her behalf the security and proof of financial responsibility for the future as required by this chapter;

(2) One year shall have elapsed following the date of such suspension and evidence satisfactory to the department has been filed with it that during the period of suspension no action for damages arising out of the accident has been instituted; or

(3) Evidence satisfactory to the commissioner has been filed with him or her of a release from liability or a final adjudication of nonliability.

## History

Ga. L. 1951, p. 565, §§ 5, 7; Ga. L. 1956, p. 543, § 9; Ga. L. 1963, p. 593, § 4; Code 1933, § 68C-303, enacted by Ga. L. 1977, p. 1014, § 1; Ga. L. 2005, p. 334, § 20-2/HB 501.

## Law Reviews

For comment on Bell v. Burson, 402 U.S. 535, 91 S. Ct. 1586, 29 L. Ed. 2d 90 (1971), discussing the revocation of a motorist’s license pursuant to the state’s financial responsibility laws, without a hearing to determine fault, prior to the enactment of Ga. L. 1977, p. 1014, § 1, see 8 Ga. St. B.J. 252 (1971).