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Rules and Regulations of the State of Georgia
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Subject 375-3-3 REVOCATION AND SUSPENSION

Rule 375-3-3-.01 Penalties for Violations of Uniform Rules of the Road

(1) The Department shall impose the following penalties upon receipt of a conviction of a violation of any of the listed offenses found within the Uniform Rules of the Road:

Code Section

Offense

Penalty

40-6-2

Failure to Obey Person Directing Traffic

3 points

40-6-6

Emergency Vehicle Violation

3 points

40-6-10

No Insurance

Suspension- O.C.G.A.

§ 40-5-70

40-6-11

No Proof of Insurance-Motorcycle

3 points

40-6-14

Limits on Sound Volume

3 points

40-6-15

Suspended/Revoked/Cancelled Registration

HV Contributor

40-6-16(b)

"Move Over" Violation

3 points

40-6-16(c)

Improper Passing of a Stationary Utility Service Vehicle

3 points

40-6-16.1

Improper Passing of an Active Sanitation Vehicle

3 points

40-6-17

Use of Traffic-Control Device Preemption Emitter (while operating a motor vehicle)

3 points

40-6-20

Disregard of Traffic Control Device or Signal

3 points

40-6-21

Failure to Obey Traffic Signal or Light

3 points

40-6-23

Failure to Obey Flashing Signal

3 points

40-6-24

Lane Direction Violation

3 points

40-6-26(a)

Tampering with Traffic Signs or Signals (while operating vehicle)

3 points

40-6-26(b)

Operating Vehicle on Closed Roadway

3 points

40-6-27

Tampering with Pavement Markers (while operating vehicle)

 

40-6-40

Improper Lane Usage

3 points

40-6-41

Failure to Yield to Oncoming Traffic

3 points

40-6-42

Improper Passing

3 points

40-6-43

Improper Passing on the Right

3 points

40-6-44

Improper Passing

3 points

40-6-45

Improper Passing on Hill or Curve

4 points

40-6-46

Passing in a No Passing Zone

3 points

40-6-47(b)

Wrong Way on One-Way Road

3 points

40-6-47(c)

Rotary Traffic Island Violation

3 points

40-6-48

Failure to Maintain Lane

3 points

40-6-49

Following Too Closely

3 points

40-6-50

Driving Within Gore or Improper Entry to Controlled Access Highway

3 points

40-6-51

Improper Use of Controlled-Access Road

3 points

40-6-51 (a)(1)

Improper Use of Controlled Access Road

3 points

40-6-51 (a)(2)

Improper Use of Controlled Access Road

3 points

40-6-52

Truck Lane Usage Violation

3 points

40-6-53

Bus or Motorcoach Lane Violation

3 points

40-6-55

Failure to Yield to Bicycle

3 points

40-6-56

Failure to Maintain Safe Distance from Bicycle

3 points

40-6-54

HOV Lane Violation

1 point for 4th +

40-6-70

Failure to Yield at Intersection

3 points

40-6-71

Failure to Yield when Turning Left

3 points

40-6-72

Stop/Yield Sign Violation

3 points

40-6-73

Failure to Yield when Crossing or Entering Road

3 points

40-6-74

Failure to Yield to Emergency Vehicle

3 points

40-6-75

Failure to Yield to Construction Vehicle

3 points

40-6-76

Failure to Yield to Funeral Procession

3 points

40-6-77

Failure to Yield Resulting in Serious Injury

Suspension- O.C.G.A. § 40-5-57.3 for 2nd+ in 5 years

40-6-91

Failure to Yield to Pedestrian

3 points

40-6-93

Failure to Exercise Due Care Near Pedestrian

3 points

40-6-94

Failure to Yield to Blind Pedestrian

3 points

40-6-98

Driving Through Safety Zone

3 points

40-6-120

Improper Turning

3 points

40-6-121

Improper U-Turn

3 points

40-6-122

Improper Starting

3 points

40-6-123

Failure to Signal Turn

3 points

40-6-124

Improper Use of Signal

3 points

40-6-125

Improper Use of Hand Signal

3 points

40-6-126

Improper Use of Turn Lane

3 points

40-6-140

Railroad Grade Crossing Violation

3 points

40-6-141

Disregard of Stop Sign at Railroad Grade Crossing

3 points

40-6-142

Failure to Stop at Railroad Grade Crossing

3 points

40-6-143

Improper Movement of Heavy Equipment at Railroad Grade Crossing

3 points

40-6-144

Improper Emerging from Alley, Driveway or Building

3 points

40-6-160

School Bus Speeding Violation

15-18 mph-2 points

19-23 mph-3 points

24-33 mph-4 points

34+ mph-6 points

40-6-161

School Bus Headlight or Communication Device Violation

3 points

40-6-162

School Bus Signal Violation

3 points

40-6-163

Unlawful Passing of School Bus

6 points

40-6-164

School Bus Disembarking Violation

3 points

40-6-165

School Bus Operation Violation

3 points

40-6-181

Speeding

15-18 mph-2 points

   

19-23 mph-3 points

24-33 mph-4 points

34+ mph-6 points

40-6-184

Impeding the Flow of Traffic

3 points

40-6-184(a)

Speed Less than Minimum

3 points

40-6-184(c)

Impeding the Flow of Traffic

3 points

40-6-185

Speeding on Bridge or Structure

15-18 mph-2 points

19-23 mph-3 points

24-33 mph-4 points

34+ mph-6 points

40-6-186

Racing

HV Contributor

40-6-188

Speeding in Work Zone

15-18 mph-2 points

19-23 mph-3 points

24-33 mph-4 points

34+ mph-6 points

40-6-205

Obstructing an Intersection

3 points

40-6-240

Improper Backing

3 points

40-6-241

Failure to Exercise Due Care

3 points

40-6-241.1

Violation of usage of wireless telecommunications device requirements

1 point

40-6-241.2(b)(1)

Operating a vehicle while text messaging

1 point

40-6-241.2(b)(2)(A)

Holding a wireless device for voice communication

1 point

40-6-241.2(b)(2)(B)

Using more than one button on wireless device for voice communication

1 point

40-6-241.2(b)(2)(C)

Reaching for wireless device

1 point

40-6-242

Driving with Obstructed View

3 points

40-6-244

Allowing Passenger in House Trailer

3 points

40-6-245

Improper Mountain/Canyon Driving

3 points

40-6-246

Coasting

3 points

40-6-247

Improper Following of Emergency Vehicle

3 points

40-6-248

Crossing Fire Hose

3 points

40-6-248.1

Unsecured Load Resulting in Accident

2 points

40-6-250

Wearing Device Impairing Vision or Hearing

3 points

40-6-251

Laying Drags

3 points

40-6-252

Cruising

3 points

40-6-253

Open Container

2 points

40-6-253.1

Improper Transportation of Infectious Substance

3 points

40-6-254

Unsecured Load Resulting in Accident

2 points

40-6-270

Hit and Run

HV Contributor

40-6-271

Violation of Duty Upon Striking Unattended Vehicle

3 points

40-6-272

Violation of Duty Upon Striking Fixed Object

3 points

40-6-273

Failure to Report Accident

3 points

40-6-275

Failure to Remove Vehicle From Roadway

3 points

40-6-311

Improper Operation of Motorcycle

3 points

40-6-312

Motorcycle Lane Violation

3 points

40-6-312(e)

Operation of Motorcycle Without Head/Tail Light

3 points

40-6-313

Clinging to Vehicle While on Motorcycle

3 points

40-6-314

Motorcycle Equipment Violation

3 points

40-6-315

Motorcycle Protective Gear Violation

3 points

40-6-326

Operating Personal Assistive Mobility Device While Intoxicated

3 points

40-6-352

Moped Headgear Violation

3 points

40-6-361

Low Speed Vehicle Lane Violation

3 points

40-6-362

Low Speed Vehicle Roadway Violation

3 points

40-6-390

Reckless Driving

4 points

40-6-391

Driving Under the Influence

HV Contributor

40-6-391(1)

Endangering a Child by DUI

HV Contributor

40-6-393(a)

Vehicular Homicide-1st Degree

Suspension- O.C.G.A. § 40-5-63(d)

40-6-393(b)

Vehicular Homicide-1st Degree

HV Contributor

40-6-393(c)

Vehicular Homicide-2nd Degree

HV Contributor

40-6-393(d)

Vehicular Homicide-1st Degree

HV Contributor

40-6-393.1(b)

Feticide by Vehicle-1st Degree

HV Contributor

40-6-393.1(c)

Feticide by Vehicle-2nd Degree

3 points

40-6-394

Serious Injury by Vehicle

Suspension- O.C.G.A. § 40-5-63(d)

40-6-395

Fleeing and Attempting to Elude

HV Contributor

40-6-397

Aggressive Driving

6 points

(2) The assessment of points for any of the aforementioned offenses may result in the suspension of the customer's driver's license pursuant to O.C.G.A. §§ 40-5-57 and/or 40-5-57.1.
(3) Notwithstanding the provisions of Paragraph (2), supra, points shall not be assessed if the Department receives notification from the trial court that the points for such offense are to be avoided pursuant to O.C.G.A. § 40-5-57(c)(1)(C) or the customer entered a plea of nolo contendere to the offense.
(a) The aforementioned points avoidance measures are only available to each customer once every five (5) years.
(b) The Department shall treat a plea of nolo contendere as a conviction for purposes of imposing a suspension pursuant to O.C.G.A. § 40-5-57.1 for customers under age twenty-one (21) at the time of the conviction.
(4) In addition to the offenses set forth in Paragraph 1, points shall also be assessed for upon receipt of convictions for child safety restraint requirements as set forth in O.C.G.A. § 40-8-76.
(5) Notwithstanding the provisions of Paragraph 1, supra, no points shall be assessed for an unsecured load that does not cause an accident. Additionally, if the unsecured load that resulted in the accident contained fresh farm produce, no points shall be assessed.
(6) The Department shall impose the penalty set forth in Paragraph 1 upon receipt of notice of a conviction for an equivalent offense in another state as if the conviction had been entered by a court in the State of Georgia.
(7) Notwithstanding the provisions of Paragraph 1, supra, no points shall be assessed for a conviction imposed by a Georgia court against a non-resident.
(8) The penalty set forth in Paragraph 1 shall be assessed for each conviction, including multiple convictions from a single incident.
(9) Any offense identified herein as an HV contributor shall result in a driver's license suspension pursuant to O.C.G.A. §§ 40-5-54 and 40-5-63 or a habitual violator revocation pursuant to O.C.G.A. § 40-5-58 depending upon the customer's prior driving record within five years as calculated between or among the dates of the applicable incidents.
(a) As provided in O.C.G.A. §§ 40-5-54, 40-5-63 and 40-5-58, offenses not included in this regulation may also contribute to a license suspension or revocation under said statutes.
(b) In the event that an offense which occurred after a prior offense results in a conviction or is processed before the earlier offense is resolved or processed, the Department shall impose suspensions and/or revocations based upon the order in which the convictions are processed.
(10) Customers convicted of any of the offenses listed herein may be subject to a commercial driving disqualification in addition to the listed penalty.

Rule 375-3-3-.02 Proof of Financial Responsibility for Probationary License

(1) Proof of financial responsibility must be made by an authorized insurance company filing a Form SR-22 certifying that the violator has in effect a valid liability insurance policy covering the required future time span or, by the owner of a motor vehicle filing a Form DS-266 showing that the owner has provided insurance on the vehicle to be operated by the driver. Such proof of financial responsibility must include full name, license number and date of birth of operator.
(2) The Department will accept a "premium financed" SR-22 provided:
(a) It is clearly marked as premium financed;
(b) Cancellation of policy for non-payment of premium is not allowable under the expiration of ninety (90) days from effective date of policy. The policy may be cancelled prior to expiration of ninety (90) days set forth above upon sufficient reason in the discretion of the Commissioner being made known to him in writing.
(3) An SR-22 form not marked "premium financed" is accepted on the basis that it is paid in full. The Department will not accept a cancellation notice (SR-26) for non-payment of the premium and the policy must remain in effect for the statutory required length of time.
(4) The Department must be given twenty (20) days notice by the insurance carrier prior to acceptable termination or cancellation. The Department must be in receipt of Form SR-26 at least twenty (20) days before effective date of cancellation.
(5) An SR-26 cancellation of coverage form is not acceptable if based on the non-payment of premium in addition to those originally assessed by the Company.
(6) If an SR-22 form filed on a premium financed policy is cancelled for non-payment of premium, another premium financed SR- 22 will not be accepted by the Department for a period of twelve (12) months from the date that the original SR-22 was accepted.
(7) An employer may furnish proof of financial responsibility on behalf of an employee operator and qualify such operator to operate motor vehicles for which proof is given by the employer, (DS-266). If the operator is only qualified to operate motor vehicles for an owner or employer, such restriction shall be designated by the Department on the license of the operator.
(8) The liability insurance policy shall provide for payment of not less than $25,000 because of bodily injury to or death of one person in any one accident, and not less than $50,000 because of bodily injury to or death of two or more persons in any one accident, and to a limit of not less than $25,000 because of injury to or destruction of property of others in any one accident.

Rule 375-3-3-.03 Recertification of Driving Ability under Georgia Assigned Risk Plan

Upon receipt by the Department of notification from a designated insurance carier on Form DS-243 that it desires to have a person's ability to drive safely recertified in accordance with Section 17 of the Georgia Assigned Risk Plan, the following procedure will prevail:

(a) The insurance carrier shall specifically set out the reasons for the recertification request, which shall be reviewed by the Department. The request shall be signed by an authorized representative of the insurance carrier.
(b) Upon review by the Department, the recertification request shall be forwarded to the District Supervisor of the district in which the licensee resides, who shall conduct an investigation of the licensee and submit a report of findings as to the licensee's physical or mental condition to the Department. If the investigation reveals that there is no basis for requiring the licensee to be recertified, the insurance carrier will be notified accordingly.
(c) If the investigation of the licensee warrants further action, the Department shall issue a notice to the licensee advising that his or her driving ability has been placed in question and requesting that, in accordance with the Georgia Assigned Risk Plan, he or she submit to a reexamination of driving ability to consist of a visual test, rules of the road test, and driving performance test.
(d) The Department shall notify the insurance carrier whether the licensee has taken the examination and whether he or she has passed or failed it. In the event the licensee takes the examination and fails, the examiner shall retain the driver's license and forward it, along with the results of the examination, to the Revocation and Suspension Section for revocation. Revocation shall remain in force and effect until the reexamination is successfully passed.
(e) If the licensee fails to submit to a recertification examination within thirty (30) days from the date the Department requests that he or she do so, the licensee will be deemed not to have been recertified and the driver's license will be revoked and remain revoked until he or she submits to and successfully passes the recertification examination.
(f) At the discretion of the Department, the licensee may be required to submit such medical evidence to the Department as may be necessary for evaluation by the Driver's License Advisory Board.

Rule 375-3-3-.04 [Repealed]

Rule 375-3-3-.05 Acceptance of Clinic Certificates for Reinstatement

(a) In order to be accepted for license reinstatement or to avoid a pending license suspension, the certificate of completion from a driver improvement program or DUI Drug or Alcohol Use Risk Reduction Program must indicate that the course was taken and completed after the violation date which caused the pending or active suspension.
(b) Customers seeking to avoid a license suspension pursuant to O.C.G.A. § 40-5-75 for a conviction for misdemeanor possession of marijuana by entering a plea of nolo contendere must present a certificate of completion from an approved DUI Drug or Alcohol Use Risk Reduction Program indicating the course was taken and completed after the violation date and within 120 days of the date of the conviction.
(c) Approval of any clinic certificate except as set out herein must be made by the Commissioner or his designee.

Rule 375-3-3-.06 [Repealed]

Rule 375-3-3-.07 Reinstatement of Habitual Violator Revocation

(1) The Department shall reinstate a habitual violator revocation imposed pursuant to O.C.G.A. § 40-5-58 upon satisfaction of the following requirements:
(a) Five (5) years have elapsed since the Department began calculating the customer's eligibility for reinstatement as provided in O.C.G.A. § 40-5-61(e);
(b) The customer has submitted a certificate of completion from an approved driver improvement clinics for any predicate offenses that were not violations of O.C.G.A. § 40-6-391;
(c) The customer has submitted a certificate of completion from an approved DUI Drug or Alcohol Use Risk Reduction Program, clinical evaluation and treatment (if recommended), and documentation of satisfaction of any applicable ignition interlock requirements for any predicate offenses that were violations of O.C.G.A. § 40-6-391;
(d) The customer successfully completes all testing required for the class and type of license to be reinstated; and
(e) The customer pays the applicable reinstatement fee of $210.00 (or $200.00 if paid by mail) for revocations imposed prior to July 1, 2009, or $410.00 (or $400.00 if paid by mail) for revocations imposed on or after July 1, 2009.
(2) The customer must surrender any previously issued driver's licenses or permits, including any habitual violator probationary licenses at the time of reinstatement.

Rule 375-3-3-.08 Voluntary Cancellation

(1) The holder of any valid Georgia driver's license may have that license voluntarily canceled provided that:
(a) The license is currently valid, and has not been revoked, suspended, or otherwise encumbered; and
(b) No charges are currently pending against the holder for violating any of the laws of the State of Georgia dealing with traffic violations, motor vehicles, or illegal drugs, which could result in or contribute to the revocation, suspension or would otherwise encumber the driver's license.
(2) The voluntary cancellation shall be made only upon receipt of a written request from the holder that his driver's license be canceled or voluntarily surrendered. The driver's license itself should accompany the written request, and if it did not, the license must be surrendered to the Department within two weeks after the holder has received his notification that his license has been voluntarily canceled.
(3) Any person whose license has been voluntarily canceled, may, at any time, reapply for a new license, provided that the applicant:
(a) Meets all the requirements for a new license (including taking and passing all exams); and
(b) Meeting all of the requirements for the license, including not being subject to any sanctions for having violated any law dealing with motor vehicles, traffic, illegal drugs, or otherwise.

Rule 375-3-3-.09 Extension of Temporary Driving Permits

(1) Extension of 45-day temporary driving permit
(a) At the time a law enforcement officer takes a person's driver's license for refusal to submit to chemical testing or because the person's blood alcohol concentration is at a level requiring administrative license suspension, the officer shall issue the person a 45-day temporary driving permit. This temporary driving permit shall be on DDS Form 1205 and shall be valid until the expiration of 45 days from the incident date.
(b) If the person files an appeal of the license suspension within 30 days, the Department shall extend the temporary driving permit for an additional 90 days, but not beyond the date when the person's driving privilege is suspended or revoked.
(c) The 90-day extension will be a DDS form which, when accompanied with the driver's copy of DDS Form 1205, will serve as the temporary driver's permit for the 90-day extension.
(d) The Department may issue an extension of the 90-day temporary driving permit upon receipt of documentation from the Office of State Administrative Hearings (OSAH) indicating that a final decision has not yet been entered in the case and will not be entered prior to the expiration of the temporary driving permit.
(e) In the event an officer issues a DDS Form 1205 to a person whose driver's license or driving privilege is otherwise valid but neglects to sign the temporary driving permit at the bottom of such form, the Department shall issue a temporary driving permit to such person for the balance of the 45 days from the incident date. Such permit shall be subject to extension pursuant to paragraphs (b) and (d) of this subsection.
(2) Extension of 180-day temporary driving permit
(a) At the time a law enforcement officer takes a person's driver's license for a violation of O.C.G.A. § 40-6-391 for which the officer has not initiated an administrative license suspension under O.C.G.A. § 40-5-67.1, the officer shall issue a 180-day temporary driving permit.
(b) This permit shall be valid until the expiration of 180 days or until the person's driving privilege is suspended or revoked.
(c) In the event the case has not been resolved within 180 days, the Department shall issue another 180-day temporary driving permit. Additional extensions may be issued for as long as the case remains pending at OSAH.
(d) The Department shall extend the permit only upon receipt of documentation from the judge, clerk of court, or prosecutor from the court of jurisdiction stating that the case has not yet been adjudicated.
(3) Replacement of lost, stolen or destroyed temporary driving permits
(a) In the event a customer's temporary driving permit is lost, stolen or destroyed, a replacement may be issued by the Commissioner's designee on a form designated by the Department upon receipt of a written request from the customer.
(b) Customers seeking replacement of a 180-day temporary driving permit shall provide both a copy of the citation and documentation from the Court that such charge remains pending. Such permit shall be valid for the applicable period provided in paragraph (2).

Rule 375-3-3-.10 Limited Driving Permits

(1) The issuance of limited driving permits and the permissible uses of such permits, which shall be reflected as restrictions on the permit, will be governed by the applicable provisions of state and federal law.
(2) Customers applying for a DUI limited driving permit following the suspension of a driver's licenses pursuant to O.C.G.A. § 40-5-63(a)(1) based upon a conviction for driving under the influence (DUI) in violation of O.C.G.A. § 40-6-391 or an equivalent offense must submit DDS Form 1126 completed by the convicting court or a certified copy of the conviction unless the DUI conviction is already reflected on the customers' driving record.
(3) The following applicants are not eligible for a limited driving permit:
a. Customers who are not Georgia residents;
b. Customers who have never been issued a Georgia driver's license; and
c. Customers whose Georgia driver's license is suspended, revoked, cancelled, disqualified or otherwise withdrawn for any other reason in addition to the suspension imposed pursuant to O.C.G.A. § 40-5-63(a)(1) unless otherwise eligible for a limited driving permit for said withdrawal. This list should not be considered exhaustive, and the issuance of limited driving permits will be governed by the applicable provisions of state and federal law.
(4) Any customer applying for a limited driving permit must surrender any previously issued driver's license or execute a lost license affidavit on Form DS-250A.
(5) Renewal and/or replacement of limited driving permits will be governed by the applicable provisions of state and federal law.
(6) Any person applying for an ignition interlock limited driving permit for a suspension imposed for a second conviction for DUI within five (5) years pursuant to O.C.G.A. § 40-5-63(a)(2) must submit documentation satisfactory to the Department of the following:
a. proof of installation of an approved ignition interlock device installed on any vehicle that he or she will be operating pursuant to such permit;
b. A certificate of completion from a DUI Drug or Alcohol Use Risk Reduction program; and
c. Authorization for issuance of such permit by the Court that handled the underlying DUI charge, and enrolled in a drug court or clinical treatment that satisfies the requirements of O.C.G.A. § 40-5-63.1.
i. No limited driving permit shall be available to any person subject to a driver's license suspension imposed pursuant to O.C.G.A. § 40-5-63(a)(2) who has been granted an exemption from installing an ignition interlock device limited driving due to financial hardship pursuant to O.C.G.A. § 42-8-111(a)(1) until such person has served at least twelve months of such suspensions.
(7) The Department shall interpret amendments to the statutory provisions relating to limited driving permit eligibility in the manner that is most advantageous to each customer so as to allow for the issuance of permits at the earliest date that is legally permissible.
(8) Any person applying for an ignition interlock permit due to a suspension triggered by a second DUI conviction within five years shall be required to maintain such ignition interlock device for the following period:
a. For incidents prior to January 1, 2013: 6 months;
b. For incidents between January 1, 2013 and June 30, 2013: 8 months; and
c. For incidents on or after July 1, 2013: 12 months. After maintaining such interlock for the time required, such customer shall be eligible for a permit without the interlock restriction if otherwise eligible.
(9) Any person who is subject to a suspension imposed pursuant to O.C.G.A § 40-5-75 who is participating in a drug court, mental health court, veteran's court program, or operating under the influence court for such conviction may be issued a limited driving permit for such suspension if authorized by the court.
(10) For the purposes of O.C.G.A.§§ 40-5-64(g) and 40-5-64.1(f)regarding the revocation of a limited driving permit, any bond forfeiture or plea of nolo contendere or conviction of O.C.G.A. §§ 40-8-76 or 40-8-76.1 shall not be considered a violation of state law relating to the movement of a motor vehicle, and shall not revoke a limited driving permit.

Rule 375-3-3-.11 Limited Driving Permits for Teen Drivers

(1)
(a) Any person age eighteen (18) or older whose driver's license has been suspended pursuant to O.C.G.A. § 40-5-57.1 as a result of a conviction for speeding where such person's speed was at least twenty-four (24) miles per hour over the posted speed limit, but less than thirty-four (34) miles per hour above the posted speed limit, shall be eligible for a Type LPX limited driving permit.
(b) Any person under whose driver's license has been suspended pursuant to O.C.G.A. § 40-5-57.1 as a result of a second conviction for violating O.C.G.A. § 40-6-391 within five (5) years as calculated between the dates of the incidents shall be eligible for a Type LP2 ignition interlock limited driving permit. Such permit shall be issued to any eligible customer upon receipt of documentation satisfactory to the Department that such customer has satisfied the following requirements:
1. Completed a DUI Drug or Alcohol Use Risk Reduction Program;
2. Completed a substance abuse evaluation and treatment, if recommended by such evaluation;
3. Installation of an ignition interlock device upon such vehicle(s) that will be operated by the customer.
(2) The fee for issuance of said permit shall be $25.00. The permit shall be valid for six (6) months. Permits issued pursuant to this regulation may be renewed for the same term as initially issued upon payment of a renewal fee of $5.00.
(3) Any person who did not have a valid Georgia driver's license immediately prior to the imposition of the suspension of his or her driver's license or driving privilege under O.C.G.A. § 40-5-57.1 shall not be eligible for a limited driving permit under this regulation.
(4) No other suspensions imposed pursuant to O.C.G.A. § 40-5-57.1 shall be eligible for the issuance of a limited driving permit.

Rule 375-3-3-.12 Suspension of License for Failure to Appear

(1) The Department shall suspend the driver's license or privilege to operate a motor vehicle in this state of any person who has failed to respond to a citation to appear before a court of competent jurisdiction of this state or of any other state for a traffic violation other than a parking violation. The Department shall forthwith notify such person that his license is to be suspended subject to review as provided for by law. Such suspension shall be effective no more than twenty-eight (28) days from the date on the notice of such suspension sent to such customer. If such customer is not a resident of the State of Georgia, information pertaining to his or her failure to appear shall be sent to his or her state of residence for imposition of the suspension in that jurisdiction as provided in the terms of the Non-Resident Violator Compact or such other interstate agreement or law that applies to such customer.
(2) Any customer who is notified of a pending suspension for failure to appear may request a hearing in accordance with Ga. Comp. R. & Regs. R. 375-1-1-.06.

Rule 375-3-3-.13 Drivers License as Bail in Traffic Violation Arrests

(1) If the driver has displayed the driver's license in lieu of bail and has failed to appear and answer to the charge against him or her, the court in which the charges are lodged shall immediately complete the DDS-912 and mail to the Department of Driver Services the copy entitled "Home Jurisdiction Copy".
(2) When such individual shall respond and pay any fines and penalties imposed, the court shall:
(a) Mail to the individual the copy of the DDS-912 entitled "Defendant's Receipt", and
(b) Mail to the Department of Driver Services the copy of the DPS-912 entitled "Home Jurisdiction - Suspension Withdrawal".
(3) "Display" of a driver's license, as provided in O.C.G.A. § 17-6-11, shall mean that, upon request of the apprehending officer, the person shall remove the license from any wallet, case, or other container in which it is kept and hand it to the apprehending officer, who may retain the license until the citation(s) or warning have been issued. Once the citation(s) or warning have been issued, the apprehending officer shall return the license to the person unless otherwise provided by law.
(4) "Issued," for the purposes of Ga. Admin. Comp. Ch. 375-3-3-.13(3), means with respect to a uniform traffic citation that the apprehending officer has completed the applicable fields on the uniform traffic citation (DDS-32) and the licensee has signed the uniform traffic citation, acknowledging service of the summons and receipt of a copy of the same.
(5) "State that has not entered into a reciprocal agreement," as used in O.C.G.A. § 17-6-11, means Alaska, California, Michigan, Montana, Oregon, and Wisconsin.

Rule 375-3-3-.14 Suspension of Operating Privilege for Failure to Respond to Citation

(1) An individual who fails to comply with a citation in which personal recognizance is permitted shall, pursuant to O.C.G.A. § 40-5-56, be notified that their license will be suspended.
(2) The court in which the charges are lodged shall:
(a) Complete the DDS-912 and mail to the violator the copy entitled "Defendant's Notice."
(b) The court shall then mail to the Department of Driver Services the copy of the DDS-912 entitled "Home Jurisdiction Copy."
(3) When such individual shall respond and pay any fines and penalties imposed, the court shall:
(a) Mail to the individual the copy of the DDS-912 entitled "Defendant's Receipt," and
(b) Mail to the Department of Public Safety the copy of the DDS-912 entitled "Home Jurisdiction -- Suspension Withdrawal."
(4) The Department of Driver Services shall take whatever action is required by law and/or any reciprocal agreements or compacts entered into with other states or jurisdictions.

Rule 375-3-3-.15 [Repealed]

Rule 375-3-3-.16 Reinstatement Procedure for Insurance Suspension

(1) Proof of insurance that shall reflect a six (6) month pre-paid minimum insurance policy for reinstatement of licenses suspended under the following circumstances:
(a) A first conviction for no proof of insurance as provided in O.C.G.A. 40-6-10.
(b) A failure to respond within the specified time to a cancellation of insurance for first offense and/or second or subsequent offense as provided in O.C.G.A. § 40-5-71 on or before October 31, 2002.
(c) This section only applies to insurance cancellation prior to expiration.
(2) Proof of said insurance shall be stamped by the insurance company to indicate "paid in full" and shall reflect both a beginning and ending date for the six month policy.

Rule 375-3-3-.17 Reinstatement Procedures for Suspensions Based on Second or Subsequent Convictions for No Proof of Insurance

Reinstatement of driver's licenses suspended on second or subsequent convictions under O.C.G.A. § 40-6-10 will require an SR-22A to be filed and maintained for three years from the date of conviction.

(a) Proof of financial responsibility must be made by certification from an authorized insurance company that the violator has in effect a valid liability insurance policy covering the required time span, said certification to be filed on form SR-22A as specified below.
1. Each SR-22A Form shall be printed so that it is substantially similar to the one shown. Each item of information contained on each form shall be set forth in the order in which they are printed on the form. All information must be machine printed or typed. The form must be green in color.
(i)

Front:

SR-22A

GEORGIA SAFETY RESPONSIBILITY INSURANCE CERTIFICATE

INSURED:

Name _________________________________

Address _________________________________

Case Number _________________________________

Driver's License Number_________________________________

Date of Birth _________________________________

Social Security Number_________________________________

Current Policy Number_________________________________

Effective From _________________________________

This certification is effective from _____________ and continues until cancelled or terminated in accordance with the financial responsibility laws and regulations of this state.

The company signatory hereto certifies that there is in effect on the effective date of the certificate a Motor Vehicle Liability Policy, affording limits of $25,000/$50,000 bodily injury and $25,000 property damage.

Year of Model __________ Trade Name ______________

Model __________ Body Type __________

Serial No. ____________________

Motor No. ____________________

If space above is insufficient to contain all motor vehicles covered, prepare list on paper of identical width and paste on.

Accident No. ____________________

Date of Accident ____________________

Place of Accident ____________________

Name of Insurance Company ____________________

Date ____________________

By ____________________

Authorized Representative

(ii) Back:

Georgia Laws 1951, Act 386, Section 7-A, Subsection (a) as amended by Georgia Laws 1956, Act 362; ".It is further provided that upon an insurance company filing a certification of an insurance policy or a surety company filing a surety bond with the Director in order for the operator to show the proof required herein, such bond or certification cannot be cancelled within a period of twelve (12) months from the effective date of such certification or bond except for subsequent conviction for some revocable offense as set forth in subsection (a) of this section with the provision that the Director shall be given at least twenty (20) days prior notice of such cancellation. The Director may, in his discretion, permit the cancellation of such certificate or bond for other cause made known to and approved by him."

(NOTE: Full information as to reason for cancellation or request for cancellation of such certification or bond must be attached to the notice of cancellation, Form SR-26.)

Name and Address of Insurance Company:

<Name>

<Address>

<City, State, Zip Code>

(b) After the first initial SR-22A filing marked "Paid in Full" for a period of six months, the Department will accept a premium financed SR-22A provided:
1. It is clearly marked as premium financed;
2. Cancellation of policy for non-payment of premium is not allowable before the expiration of one hundred eighty (180) days from effective date of policy. The policy may be canceled prior to the expiration of one hundred eighty (180) days set forth above upon sufficient reason in the discretion of the Commissioner being made known to him in writing.
(c) An SR-22A Form that is not marked "premium financed" is accepted on the basis that it is paid in full. The Department will not accept a cancellation notice (SR-26) for non-payment of the premium and the policy must remain in effect for the statutory required length of time.
(d) The Department must be given thirty (30) days notice by the insurance carrier prior to acceptable termination or cancellation. The Department must be in receipt of Form SR-26 at least thirty (30) days before effective date of cancellation.
(e) An SR-26 cancellation of coverage form is not acceptable if based on the non-payment of premiums in addition to those originally assessed by the Company.
(f) An employer may furnish proof of financial responsibility on behalf of an employee operator and qualify such operator to operate motor vehicles for which proof is given by the employer. If the operator is only qualified to operate motor vehicles for an owner or employer, such restriction shall be designated by the Department on the license of the operator.
(g) The liability insurance policy shall provide for payment of not less than $25,000 for bodily injury to or death of one person in any one accident, and not less than $50,000 for bodily injury to or death of two or more persons in any one accident, and to a limit of not less than $25,000 for injury to or destruction of property of others in any one accident.

Rule 375-3-3-.18 Proof of Service When License Displayed in Lieu of Bail

(1) Licensee's signature will constitute official service on license being in suspension for "License in Lieu of Bail" if ticket is not disposed of by the court of jurisdiction.
(2) Upon the Department of Driver Services receiving Form DDS-912 on a traffic offense with a violation date of July 1, 1988 or later, the Department of Driver Services shall enter the date the DDS-912 is signed by the court official as the suspense date and service date for official service regarding the "License in Lieu of Bail Suspension".
(3) Service indicated on the DDS-912 shall be used by the Department of Driver Service as authority for service.

Rule 375-3-3-.19 Parental Revocation of Minor's Driver's License or Permit

(1) The parent, guardian, responsible adult or authorized driving instructor who signed a minor's application for an instructional permit or driver's license may request revocation thereof at any time prior to the minor's eighteenth birthday. For purposes of this regulation, the term "responsible adult" shall be defined as a licensed driver over age eighteen (18).
(2) The person requesting revocation of a minor's instructional permit or driver's license shall submit his or her request for said revocation on the form designated by the Department. Said form shall require the person's notarized signature.
(3) The person requesting revocation of a minor's instructional permit or driver's license shall pay a non-refundable fee of $10.00.
(4) The minor's driver's license or instructional permit shall be surrendered at the time the person requests revocation thereof, if available.
(5) The period of revocation shall be three (3) months.
(6) The person who requested revocation of a minor's instructional permit or driver's license may rescind his or her request for said revocation within three (3) business days of making said request. For purposes of this regulation, business days shall include Tuesday through Saturday only. The withdrawal of a request for revocation must be made in writing on the form designated by the Department. Said form shall require the person's notarized signature. The fee paid for the revocation shall not be returned. This section can only apply to licenses issued after January 1, 2007.

Rule 375-3-3-.20 Reinstatement Procedures for Suspensions Imposed for Drug Convictions

(1) Applications for reinstatement of license suspensions imposed pursuant to O.C.G.A. § 40-5-75 for drug or controlled substance convictions entered prior to July 1, 2004 or after January 1, 2008 shall be made on the form designated by the Department.
(2) The Department shall not accept an application for reinstatement of a license suspension imposed pursuant to O.C.G.A. § 40-5-75 for a drug or controlled substance conviction entered prior to July 1, 2004 or after January 1, 2008 if the customer has any other active license suspension. Multiple license suspensions imposed pursuant to O.C.G.A. § 40-5-75 for drug or controlled substance convictions entered prior to July 1, 2004 or after January 1, 2008 shall run consecutively to one another.
(3) Upon the expiration of statutory period of suspension following the receipt of an application for reinstatement of a license suspension imposed pursuant to O.C.G.A. § 40-5-75 for a drug or controlled substance conviction entered prior to July 1, 2004 or after January 1, 2008, the Department shall reinstate the suspension upon receipt of the statutorily mandated reinstatement fee and the certificate of completion of the required DUI Drug or Alcohol Risk Reduction Course.

Rule 375-3-3-.21 Surrender of Driver's License. Revised

(1) If a driver's license that is subject to surrender is not surrendered prior to its expiration, the Department shall consider the license to be surrendered on the day of its expiration.
(2) Any customer who applies for reinstatement of his or her driver's license on or after July 1, 2012 shall present documentation of his or her identity, citizenship or lawful presence in the United States, and residency in the state of Georgia as provided in Ga. Comp. R. & Regs. 375-3-1-.02.

Rule 375-3-3-.22 Review of Withdrawals Resulting from Out-of-State Conduct

(1) Any person whose driver's license, permit, or driving privilege has been suspended, revoked, cancelled, denied or disqualified as a result of conduct that occurred in another state shall have a review of such withdrawal once every five (5) years from the date of imposition of such withdrawal. Such review shall result in a determination of whether the withdrawal is still warranted and whether the person is otherwise eligible to operate a motor vehicle in the State of Georgia.
(2) Any person who appealed such withdrawal pursuant to Ga. Comp. R. & Regs. R. 375-1-1-.06 shall be eligible for such review upon the expiration of five (5) years from the date on which the Department entered its Final Decision in such appeal.
(3) In no case shall the Department authorize issuance of a driver's license or permit to any person who has failed to complete the requirements for reinstatement imposed by the state in which such conduct occurred.

Rule 375-3-3-.23 Pauper's Affidavit for Reinstatement or Restoration Fees

1.
(a) A customer may file a Pauper's Affidavit with the Department in lieu of paying the required driver's license reinstatement or restoration fee.
(b) Upon the submission and approval of the pauper's affidavit, the driver's license reinstatement or restoration fee shall be 50 percent of the fee required by law.
(c) Reinstatement or restoration fees for the following suspensions or withdrawals are not eligible for reduction under this provision:
i. Super Speeder (40-6-189)
ii. Safety Responsibility (40-9-3)
iii. Any other reinstatement or restoration fee not required by provisions contained in chapter 5 of Title 40
2.
(a) A customer seeking a 50 percent reduction in the required reinstatement or restoration fee using a Pauper's Affidavit must do so by utilizing DDS form DDS -355,"Pauper's Affidavit."
(b) The form will contain an oath for the customer to affirm his or her poverty and his or her resulting inability to pay the required driver's license reinstatement or restoration fee. The form will ask for customer information sufficient to indicate on its face that customer has neither the income nor the assets to pay the fee otherwise required. The form will also contain the following warning: "WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony."
(c) The Pauper's Affidavit (DDS -355) must be signed by the customer seeking the discounted fee and notarized by a duly authorized notary. For minors, a parent, legal guardian, or responsible adult will be required to complete and sign the affidavit (DDS-355). Verification of the identity of the parent, legal guardian, or responsible adult will be required.
3.
(a) The customer's eligibility for the 50 percent reduction in the required reinstatement or restoration fee will be determined by federal poverty guidelines.
(b) Only customers who meet the federal poverty guidelines as determined by income information provided by the customer on the Pauper's Affidavit (DDS - 355) will be approved to receive a 50 percent reduction in the required reinstatement or restoration fee.
4.
(a) If it is determined that a customer does not meet the federal poverty guidelines based on information provided by the customer on the Pauper's Affidavit (DDS - 355), the customer will be denied a 50 percent reduction in the required reinstatement or restoration fee.
(b) After the submission of a completed Pauper's Affidavit (DDS -355) and subsequent denial, the customer will not be allowed to reapply in that same visit. Customers may be reconsidered after completion of a new Pauper's Affidavit (DDS - 355) no sooner than 30 days after submission of a previous Pauper's Affidavit (DDS - 355) from the same customer.
5. Provisions contained in this regulation only apply to reinstatement or restoration fees and do not affect or eliminate other non-financial reinstatement requirements such as required courses or time required to be served on a suspension or withdrawal.
6. Knowingly making false statements and/or submitting false information on the Pauper's Affidavit (DDS -355) constitutes a felony offense of false swearing.
7. Pauper's Affidavit (DDS -355) submitted to the Department are subject to audit by the State of Georgia and Investigative Services Division of the Department of Driver Services. Such forms are not subject to Open Records.