40-16-2
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40-16-2.
(a)
There is created the Department of Driver Services. The Department of Driver
Services shall be a successor agency to and continuation of the former
Department of Motor Vehicle Safety. The department shall be the agency primarily
responsible for:
(1)
Administration of the laws and regulations relating to
driverś
licenses, as provided for in Chapter 5 of this title;
(2)
Administration of the laws and regulations relating to proof of financial
responsibility, as provided for in Chapter 9 of this title;
(3)
Administration of laws relating to ignition interlock devices for use by driving
under the influence offenders;
(4)
Administration of laws relating to driver training schools, driver improvement
clinics, DUI Alcohol or Drug Use Risk Reduction Programs, and commercial driving
schools;
(5)
Administration of laws relating to motorcycle safety programs;
(6)
Administration of laws and regulations relating to issuance of limousine
chauffeur permits; and
(7)
Administration of any other laws specifically providing for their administration
by the department.
(b)
Responsibility for the following functions formerly exercised by the Department
of Motor Vehicle Safety is transferred as follows:
(1)
Promulgation of regulations relating to the size and the weights of motor
vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title
32 shall be vested in the Department of Transportation; and administrative
enforcement of such regulations and the law enforcement function of apprehending
and citing violators of such laws and regulations are transferred to the
Department of Public Safety, as well as the function of promulgating regulations
relative to its enforcement function;
(2)
Enforcement of laws and regulations relating to licensing and fuel tax
registration requirements is transferred to the Department of Public Safety;
(3)
Administration of laws and regulations relating to certification of motor
carriers and limousine carriers is transferred to the Public Service Commission
and administration of laws and regulations relating to carrier registration and
registration and titling of vehicles is transferred to the Department of
Revenue;
(4)
Administration of laws relating to motor vehicle franchise practices is
transferred to the Department of Revenue;
(5)
Administration of laws relating to handicapped parking permits is transferred to
the Department of Revenue;
(6)
Responsibility for establishment of safety standards for motor vehicles and
motor vehicle components is generally transferred to the Department of Public
Safety except as may be specifically otherwise provided by law;
(7)
Administration of laws relating to hazardous materials carriers is transferred
to the Department of Public Safety;
(8)
Enforcement of all state laws on the following properties owned or controlled by
the Department of Transportation or the State Road and Tollway Authority is
transferred to the Department of Public Safety: rest areas, truck-weighing
stations or checkpoints, wayside parks, parking facilities, toll facilities, and
any buildings and grounds for public equipment and personnel used for or engaged
in administration, construction, or maintenance of the public roads or research
pertaining thereto;
(9)
Enforcement of Code Section 16-10-24, relating to obstructing or hindering law
enforcement officers is transferred to the Department of Public Safety;
(10)
Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of
restricted travel lanes is transferred to the Department of Public Safety;
(11)
Enforcement of Code Section 16-11-43, relating to obstructing highways, streets,
sidewalks, or other public passages, on any public road which is part of the
state highway system is transferred to the Department of Public Safety;
(12)
Enforcement of Code Section 16-7-43, relating to littering public or private
property or waters, on any public road which is part of the state highway system
is transferred to the Department of Public Safety; and
(13)
Enforcement of Code Section 16-7-24, relating to interference with government
property, on any public road which is part of the state highway system is
transferred to the Department of Public Safety.
(c)
In the performance of its duties, the department shall be required to comply
with all applicable federal laws and rules and regulations and shall certify
that the state is in compliance with all provisions and requirements of all
applicable federal-aid acts and programs.