2020 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 5 - Drivers' Licenses
Article 1 - General Provisions
§ 40-5-5. Authority of Governor to Execute Binding Reciprocal Agreements Regarding Operation of Motor Vehicles; Publication of Terms of Agreements; Rules and Regulations; Exemption for Certain Foreign Citizens

1. The Governor is authorized and directed to negotiate and consummate, with the proper authorities of the several states of the United States, the District of Columbia, and the territories and possessions of the United States, valid and binding reciprocal agreements whereby residents of such states, the District of Columbia, and the territories and possessions of the United States operating motor vehicles properly licensed and registered in their respective jurisdictions may have the same or substantially the same privileges or exemptions in the operation of their motor vehicles in this state as residents of this state may have and enjoy in the operation in such other jurisdictions of their motor vehicles properly licensed and registered in this state. Notwithstanding any provision of law to the contrary, the Governor may likewise negotiate and consummate valid and binding reciprocal agreements with the proper authorities of said jurisdictions relating to the suspension, revocation, cancellation, and reinstatement of motor vehicle drivers' licenses. In the making of such agreements, due regard shall be had for the benefit and convenience of the motor vehicle owners and other citizens of this state. The Governor may adopt and promulgate such rules and regulations as shall be necessary to effectuate and administer the provisions of this Code section.
2. The Governor or a commission appointed by him shall give proper publicity to the terms of every reciprocal agreement entered into by him pursuant to this chapter; and he is authorized and empowered to promulgate rules and regulations for observance and enforcement of the terms of such agreement, which rules and regulations shall have the force and effect of law.
3. The commissioner is authorized to negotiate and enter into an agreement with a foreign country or such political subdivision of a foreign country that exempts the citizens of such foreign country or such political subdivision of a foreign country from the knowledge test and the on-the-road driving test required in Code Section 40-5-27 so long as the citizen holds a valid driver's license of an equivalent class issued by such foreign country or such political subdivision of a foreign country; provided, however, that no such agreement shall be entered into unless the foreign country or the political subdivision of a foreign country offers the same reciprocity to persons holding a valid driver's license of an equivalent class issued by the State of Georgia and the commissioner determines that the laws of such foreign country or such political subdivision of a foreign country relating to the operation of motor vehicles are sufficiently similar to such laws of this state such that driving safety shall not be compromised; and provided, further, that no such agreement shall be entered into unless the Department of Economic Development has certified that persons or entities from such country or such political subdivision have made or are likely to make a substantial economic investment in this state that has or will lead to the substantial creation of jobs in this state. The provisions of this subsection notwithstanding, the commissioner shall not be authorized to enter into any reciprocal agreement with any foreign country or any political subdivision of a foreign country that is designated as a state sponsor of terrorism by the United States Department of State. The exemption provided for in this subsection shall not be an exemption from any other legal requirement for the issuance of a driver's license, including the requirement that the applicant demonstrate lawful presence within the United States in accordance with Code Sections 40-5-21.1 and 40-5-21.2. This subsection shall not apply to citizens of foreign countries or political subdivisions or foreign countries applying for a commercial driver's license or Class M driver's license.
4. The department shall make a notation on any driver's license, permit, identification card, or other state identifying document issued by the department pursuant to this Code section. The notation shall be in a manner approved by the department and shall state "Limited Term" or such other notation as determined by the department. Nothing contained in this subsection shall preclude the department from making the same or similar notations on other similarly issued identifying documents. Any driver's license or other identifying document that is so noted shall not be used as voter identification.

(Ga. L. 1937-38, Ex. Sess., p. 617, §§ 1, 5; Ga. L. 1941, p. 361, §§ 2, 5; Ga. L. 1959, p. 25, § 1; Ga. L. 1973, p. 559, § 1; Ga. L. 1976, p. 198, § 1; Ga. L. 1979, p. 1015, § 1; Ga. L. 1985, p. 149, § 40; Ga. L. 1990, p. 2048, § 4; Ga. L. 2013, p. 281, § 1/HB 475; Ga. L. 2020, p. 199, § 2-2/HB 463.)

The 2020 amendment, effective June 30, 2020, in subsection (c), inserted "or such political subdivision of a foreign country" throughout the subsection; in the first sentence, inserted "or the political subdivision of a foreign country" and inserted "or such political subdivision"; in the second sentence, substituted "commissioner" for "department" and inserted "or any political subdivision of a foreign country"; and inserted "or political subdivisions or foreign countries" near the middle of the last sentence.

- Cooperation between Georgia and other states generally, T. 28, C. 6.

- The Department of Driver Services is the depository for the reciprocal agreements referred to in this Code section. These agreements are available for examination upon request.

- For article on the 2013 amendment of this Code section, see 30 Ga. St. U.L. Rev. 203 (2013).

OPINIONS OF THE ATTORNEY GENERAL

Reciprocity determined by examining agreement.

- In order to determine whether or not a motor vehicle is entitled to reciprocity while operating in Georgia, it is necessary to examine the reciprocity agreement that this state has with the state in which that vehicle is based. 1965-66 Op. Att'y Gen. No. 66-227.

- Conduct of the licensing authorities of Georgia in relation to out-of-state truck lines operating in Georgia depends wholly and entirely upon the conduct of the mother state of the trucking association, that is, the state under whose laws the trucking association is operating; the reciprocal agreement between that state and the State of Georgia determines acts of the state agents in either requiring or not requiring the trucks to obtain a Georgia for hire tag. 1950-51 Op. Att'y Gen. p. 188.

- Truck or trailer must carry the license plate of the state from which the truck or trailer operates and should not be allowed to carry plates of other states; however, if the trucks or trailers do operate with license plates from more than one state and one of the states imposes a highway use tax and is not in reciprocity with the State of Georgia, then the tax imposed under Ga. L. 1953, Nov.-Dec. Sess., p. 343, Pt. 2, § 5 (see now O.C.G.A. § 40-2-110 et seq.) is applicable to that truck or trailer. 1954-56 Op. Att'y Gen. p. 475.

- Trailers liable for highway use tax are not entitled to reduction in this tax under Ga. L. 1937-38, Ex. Sess., p. 259 (see now O.C.G.A. § 40-2-151). 1954-56 Op. Att'y Gen. p. 476.

- Ga. L. 1953, Nov.-Dec. Sess., p. 343, Pt. 2, § 6 (see now O.C.G.A. § 40-2-114(a)(4)) contemplates a trial by jury and a conviction or acquittal of persons accused of violating Ga. L. 1953, Nov.-Dec. Sess., p. 343, Pt. 2, § 5 (see now O.C.G.A. Art. 5, Ch. 2, T. 40); therefore, it would be necessary for a warrant to be sworn out against an alleged violator and a trial held in a court with appropriate jurisdiction. 1954-56 Op. Att'y Gen. p. 476.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 62 et seq., 92, 113 et seq. 8 Am. Jur. 2d, Automobiles and Highway Traffic, § 1158 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 186, 187. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 5.

- 60 C.J.S., Motor Vehicles, §§ 24, 25, 28 et seq., 192, 309, 379 et seq. 61A C.J.S., Motor Vehicles, § 1482.

- Reciprocal duties of drivers of automobiles or other vehicles proceeding in the same direction, 24 A.L.R. 507; 47 A.L.R. 703; 62 A.L.R. 970; 104 A.L.R. 485.