Georgia CDL disqualification rules

Defined terms in O.C.G.A. 40-5-142

Section 40-5-142(7) defines a commercial motor vehicle as a motor vehicle designed or used to transport passengers or property if the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation. The definition also reaches a vehicle designed to transport 16 or more passengers, including the driver. It reaches a vehicle transporting placarded hazardous materials as well, and a vehicle transporting a material listed as a select agent or toxin in Title 42 C.F.R. Part 73. Paragraph (7) then provides that "no agricultural vehicle, commercial vehicle operated by military personnel for military purposes, recreational vehicle, or fire-fighting or emergency equipment vehicle shall be considered a commercial motor vehicle" under Article 7. A fire-fighting or emergency equipment vehicle is an authorized emergency vehicle equipped with audible and visible signals and subject to traffic regulations in accordance with Code Section 40-6-6. An agricultural vehicle is a farm vehicle controlled and operated by a farmer, including operation by employees or family members, that hauls agricultural products or farm machinery and supplies to or from a farm. It is operated "within 150 miles of such person's farm" and is not used in the operations of a common or contract carrier. Paragraph (7) adds that an FMCSA waiver under 49 C.F.R. Parts 383 and 384 "shall supersede state law in authorizing the Department of Driver Services to exempt said classes".^[2][1]

Section 40-5-142(9) also includes within a conviction "a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal". The same paragraph lists an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, along with the payment of a fine or court cost. A violation of a condition of release without bail is listed there too. Paragraph (9) gives the same treatment whether or not the penalty is rebated or suspended, and also when the penalty is probated. Under Section 40-5-142(11), to drive, for a truck driver or anyone else, is to operate or be in actual physical control of a motor vehicle in a place open to the general public for purposes of vehicular traffic. Section 40-5-142(12) describes a driver, such as a truck driver, as a person who "drives, operates, or is in actual physical control of a commercial motor vehicle" in such a place, or who is required to hold a commercial driver's license. Section 40-5-142(14) describes an employer as a person, including the United States and also a state or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person, for example a truck driver, to drive one on its behalf.^[2]

Under Section 40-5-142(15), a felony is an offense under state or federal law punishable by death or by life imprisonment, and also an offense punishable by imprisonment for more than 12 months. Section 40-5-142(18.1) defines an imminent hazard as a condition presenting "a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur" before the reasonably foreseeable completion date of a formal proceeding begun to lessen that risk. An out-of-service order, under Section 40-5-142(21), is "a temporary prohibition against driving a commercial motor vehicle", and Section 40-5-151(g) sets the disqualification periods for a truck driver or other driver convicted of violating one. A fatality, under Section 40-5-142(14.1), is the death of a person as a result of a motor vehicle crash.^[2][1]

Section 40-5-142(8) identifies a controlled substance as a substance so defined under Code Section 16-13-21, including substances listed in Schedules I through V of 21 C.F.R. Part 1308 as they may be revised from time to time. Under Section 40-5-142(18), hazardous materials are materials designated as hazardous under 49 U.S.C. Section 5103 that are required to be placarded under Title 49 C.F.R. Part 172, subpart F, together with materials listed as a select agent or toxin in Title 42 C.F.R. Part 73. Section 40-5-142(16) defines a foreign jurisdiction as a jurisdiction other than a state of the United States, and Section 40-5-142(23) defines a state as a state of the United States and the District of Columbia. A driver's license, under Section 40-5-142(13), is a license issued by a state to an individual which authorizes the individual to drive a motor vehicle. A commercial driver's instruction permit, under Section 40-5-142(5), is a permit issued pursuant to subsection (c) of Code Section 40-5-147.^[2]

Under the Georgia CDL disqualification rules, Section 40-5-142(18.2) defines a major traffic violation as a conviction of a listed offense, or of an equivalent law or ordinance in Georgia or another jurisdiction, "when operating either a commercial motor vehicle or, unless otherwise specified, a noncommercial motor vehicle". The listed offenses begin with driving a vehicle under the influence, hit and run or leaving the scene of an accident, failure to report striking an unattended vehicle or a fixed object, failure to report an accident, and a felony committed with the use of a motor vehicle, except as provided in Section 40-5-151(b). The list continues with driving a commercial motor vehicle while the truck driver's or other person's commercial driver's license or commercial driving privilege is revoked, suspended, canceled, or disqualified, homicide by vehicle, racing on highways or streets, and using a motor vehicle in fleeing or attempting to elude an officer. It ends with fraudulent or fictitious use of or application for a license, operating a motor vehicle with "a revoked, canceled, or suspended registration", theft involving a vehicle engaged in commercial transportation of cargo or the cargo it carries, and refusing a state administered chemical test requested by a law enforcement officer.^[2]

Section 40-5-142(22) defines a serious traffic violation as a conviction of a listed offense, or of an equivalent law or ordinance in Georgia or another jurisdiction, when operating either a commercial motor vehicle or, unless otherwise specified, a noncommercial motor vehicle. The listed offenses start with speeding 15 or more miles per hour above the posted speed limit, reckless driving, following another vehicle too closely, and an improper or erratic lane change, including failure to signal a lane change. Another item is a violation of state law or a local ordinance relating to motor vehicle traffic control that arises in connection with a fatal crash, excluding parking, weight, length or height violations. Vehicle defect violations are excluded from that item as well, and so is homicide by vehicle. A railroad grade crossing violation in a noncommercial motor vehicle is listed, as is driving a commercial motor vehicle without obtaining a commercial driver's license. Driving a commercial motor vehicle without a commercial driver's license in the driver's immediate possession is listed, excluding such violations when the person's commercial driver's license or commercial driving privilege is suspended, revoked, canceled, or disqualified. For a truck driver, the list also reaches driving without a commercial driver's license of the "proper class and endorsements for the specific vehicle being operated or for the passengers or type of cargo transported". Use of a wireless telecommunications device by a truck driver or other person in violation of Code Section 40-6-241 while driving a commercial motor vehicle is listed as well.^[2]

Major traffic violations, felonies and lifetime disqualification

Under O.C.G.A. 40-5-151(a.1), a person, including a truck driver, is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted of a first violation of a major traffic violation as Section 40-5-142(18.2) defines that term. Section 40-5-151(b) sets a disqualification period of three years for a truck driver's or other person's first conviction of using a commercial motor vehicle in the commission of a felony or a major traffic violation, provided that the vehicle being operated or used in connection with the violation or felony is transporting a hazardous material required to be placarded under "the Hazardous Materials Transportation Act, 49 C.F.R. 105". The felony item in Section 40-5-142(18.2) carries an express exception for subsection (b) of Code Section 40-5-151. Under the Georgia CDL disqualification rules, the hazardous material condition in subsection (b) attaches to the vehicle used in the violation or felony, not to the driver alone.^[1][2]

Section 40-5-151(c) disqualifies a person, including a truck driver, from commercial motor vehicle driving for life if convicted of a second or subsequent major traffic violation, or a combination of such violations, arising from two or more separate incidents. Under Section 40-5-151(d), the department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (c) for a second or subsequent major traffic violation may be "reduced to a period of not less than ten years". The department is not authorized to make another reduction in a truck driver's or other person's term of disqualification under Section 40-5-151. It also has no authority to issue a limited or other permit or license that would allow a truck driver or other person to operate a commercial motor vehicle during the term of disqualification that the section mandates. The lifetime disqualifications in Section 40-5-151(e) operate notwithstanding subsection (d), and major traffic violation keeps the meaning given in Section 40-5-142(18.2).^[1][2]

Notwithstanding subsection (d), Section 40-5-151(e)(1) of the Georgia CDL disqualification rules disqualifies for life a person who knowingly uses a motor vehicle in the commission of a felony involving the manufacture, distribution, cultivation, sale, transfer of, trafficking in, or dispensing of a controlled substance or marijuana. Paragraph (e)(1) also reaches a truck driver or other person who knowingly uses a motor vehicle in a felony involving possession with intent to manufacture, distribute, cultivate, sell, transfer, traffic in, or dispense a controlled substance or marijuana. Section 40-5-151(e)(2) disqualifies for life a person who knowingly uses a commercial motor vehicle in the commission of "an offense of trafficking an individual for labor servitude or sexual servitude" in violation of Code Section 16-5-46. The editor's notes on the official code page state that Ga. L. 2020, p. 240 (HB 823) provides that the addition of paragraph (e)(2) reaches offenses committed "on or after July 21, 2020". Paragraph (e)(1) reaches truck drivers and other persons who use a motor vehicle of either kind, while paragraph (e)(2) is limited to use of a commercial motor vehicle.^[1]

Serious traffic violations and railroad grade crossing offenses

Under O.C.G.A. 40-5-151(f)(1), a person, such as a truck driver, convicted of two serious traffic violations arising from separate incidents occurring within a three-year period is disqualified for not less than 60 days. Under Section 40-5-151(f)(2), the disqualification lasts not less than 120 days for a conviction of a third or subsequent serious traffic violation arising from separate incidents within a three-year period. In paragraphs (f)(1) and (f)(2) alike, the three-year period is measured from the dates of the truck driver's or other person's arrests for which convictions were obtained. Under Section 40-5-142(22), those violations include convictions of a truck driver while operating a noncommercial motor vehicle, unless otherwise specified. Section 40-5-151(l)(1) provides that a truck driver's or other person's disqualification under subsection (f) becomes effective upon the date that the department processes the citation or conviction, provided that no such disqualification is in effect. If a subsection (f) disqualification is already in effect, the subsequent disqualification does not take effect "until the current disqualification expires".^[1][2]

Section 40-5-151(k)(1) disqualifies a truck driver or other person from operating a commercial motor vehicle if convicted of a listed railroad grade crossing offense committed while operating a commercial motor vehicle. The listed offenses are failing to slow down and check that the tracks are clear of an approaching train before proceeding, failing to stop before reaching the crossing if the tracks are not clear, failing to stop before driving onto the crossing, failing to leave sufficient space to drive completely through a railroad crossing without stopping, failing to obey a traffic-control device or the directions of an enforcement official at a railroad crossing, and failing to negotiate a crossing because of insufficient undercarriage clearance. Under Section 40-5-151(k)(2)(A), the period of disqualification is 60 days upon a truck driver's or other operator's first conviction for a listed offense. Under Section 40-5-151(k)(2)(B), a truck driver's second conviction within a three-year period for a listed offense arising from a separate incident carries a period of 120 days. Under Section 40-5-151(k)(2)(C), a truck driver's third or subsequent conviction within a three-year period for a listed offense arising from a separate incident carries a period of one year. The Georgia CDL disqualification rules state these railroad periods as fixed terms rather than minimums.^[1]

Violations of out-of-service orders under O.C.G.A. 40-5-151(g)

Under O.C.G.A. 40-5-151(g)(1), a driver convicted of a first violation of an out-of-service order, as Section 40-5-142(21) defines that order, is disqualified for not less than 180 days and not more than one year. A truck driver or other driver convicted of two violations of out-of-service orders in separate incidents is disqualified for not less than two years and not more than five years. A truck driver or any other operator convicted of three or more violations of out-of-service orders in separate incidents is disqualified for not less than three years and not more than five years. These ranges reach a truck driver whose order was issued while operating a commercial motor vehicle.^[1][2]

Section 40-5-151(g)(3) sets a disqualification of not less than 180 days nor more than two years for a truck driver or other person convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, 49 C.F.R. 105, or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver. A truck driver or other driver is disqualified for not less than three years nor more than five years if, during a ten-year period, the driver is convicted of subsequent violations of out-of-service orders in separate incidents while transporting such placarded hazardous materials or operating such passenger vehicles. For truck drivers, the hazardous materials condition is the one in paragraph (g)(3) that reaches cargo.^[1]

Under Section 40-5-151(g)(2), when the operator of a commercial motor vehicle, for example a truck driver, is issued an out-of-service order, a copy of the order is issued to the operator and to the operator's employer, and a copy or notice is provided to the department. Rules and regulations promulgated by the commissioner set the form of the order and the procedures for notifying the department. Those rules also address other matters relative to the issuance of out-of-service orders and violations of them. Section 40-5-151(g)(4) subjects a truck driver convicted of violating an out-of-service order to a civil penalty of not less than $2,500.00 for a first offense and not less than $5,000.00 for a second or subsequent offense. That civil penalty is in addition to other penalties imposed under Article 7.^[1]

License fraud, federal notices, effective dates and record updates

Under the Georgia CDL disqualification rules in O.C.G.A. 40-5-151(a), a 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. Section 40-5-151(i) sets a disqualification of not less than 60 consecutive days if a check of an applicant's license status and record shows that the applicant has falsified information on his or her application or a related filing. That check may occur before the department issues a truck driver or other applicant a commercial driver's instruction permit or commercial driver's license, or at a time after either is issued. A truck driver who falsified an application can be reached by either check.^[1]

Under Section 40-5-151(i.1), a person, including a truck driver, is disqualified from operating a commercial motor vehicle upon receipt by the department of notification from the FMCSA in accordance with "49 C.F.R. Parts 382, 383, and 384". The truck driver or other person is reinstated upon notification to the department from the FMCSA in accordance with 49 C.F.R. Parts 382 and 383. Under Section 40-5-151(j)(1), a truck driver or other individual is disqualified from driving a commercial vehicle for not less than 30 days if the department receives notification from the FMCSA that the person poses an imminent hazard, a term Section 40-5-142(18.1) defines. Under Section 40-5-151(j)(2), if the FMCSA notifies the department that "a person's driving constitutes an imminent hazard and imposes a disqualification greater than 30 days", the person is disqualified for the period the FMCSA designates, not to exceed one year. These federal notices operate within the Georgia CDL disqualification rules for commercial drivers.^[1][2]

Notwithstanding paragraph (1) of subsection (l), Section 40-5-151(l)(2) provides that a disqualification of a truck driver or other person under Section 40-5-151 outside subsection (f) becomes effective upon the date that the department processes the citation or conviction, and it may run concurrently with other disqualifications in effect. Section 40-5-151(h) provides that "After suspending, revoking, or canceling a commercial driver's license", the department shall update its records to reflect that action within ten days. It further provides that "After suspending, revoking, or canceling a nonresident commercial driver's privileges", the department shall notify the licensing authority of the state which issued the commercial driver's license within ten days.^[1]

See also: Flanagan Law truck accident practice

See also

On related publications

• Georgia truck-crash law notes (truckaccidentlawyer.wiki)
• Liability and comparative fault in Georgia (caraccidentlawyers.wiki)