2021 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 5 - Drivers' Licenses
Article 7 - Commercial Drivers' Licenses
§ 40-5-150. Contents of License; Classifications; Endorsements and Restrictions; Information to Be Obtained Before Issuance; Notice of Issuance; Expiration of License; Renewal

1. The commercial driver's license shall be marked "Commercial Driver's License" or "CDL" and shall be, to the maximum extent practicable, tamperproof, and shall include, but not be limited to, the following information:
   1. The full legal name and residential address of the person;
   2. The person's photograph;
   3. A physical description of the person, including sex, height, weight, and eye color;
   4. Full date of birth;
   5. The license number or identifier assigned by the department;
   6. The person's signature;
   7. The class or type of commercial motor vehicle or vehicles which the person is authorized to drive, together with any endorsements or restrictions;
   8. The name of this state; and
   9. The dates between which the license is valid.
2. Commercial driver's licenses may be issued with the following classifications:
   1. Class A-Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds;
   2. Class B-Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, or any such vehicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight rating;
   3. Class C - Any single vehicle with a gross vehicle weight rating of less than 26,001 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, or any such vehicle towing a vehicle with a gross vehicle weight rating in excess of 10,000 pounds, provided that the combination of vehicles has a gross combined vehicle weight rating less than 26,001 pounds. This classification shall apply to vehicles designed to transport 16 or more passengers, including the driver, and vehicles used in the transportation of hazardous materials which require the vehicles to be placarded under 49 C.F.R. Part 172, subpart F;
   4. Class M-A motorcycle as defined in Code Section 40-1-1; and
   5. Class P-A commercial driver's instruction permit used in conjunction with the commercial driver's instruction permit vehicle classification.
3. Commercial driver's licenses may be issued with the following endorsements and restrictions:
   1. "H" - Authorizes the driver to drive a vehicle transporting hazardous materials;
   2. "L" - Restricts the driver to vehicles not equipped with air brakes;
   3. "T" - Authorizes driving double and triple trailers;
   4. "P" - Authorizes driving vehicles carrying 16 or more passengers, including the driver, but does not authorize the driver to drive a school bus;
   5. "N" - Authorizes driving tank vehicles;

      (5.1) "S" - Authorizes the driver to drive a school bus; and

   6. "X" - Represents a combination of hazardous materials and tank vehicle endorsements.

      The fee for Classes A, B, C, M, and P licenses and for the endorsements and restrictions shall be as provided in Code Section 40-5-25.

4. The holder of a valid commercial driver's license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles.No person shall drive a vehicle which requires an endorsement unless the proper endorsement appears on the driver's license.
5. Before issuing a commercial driver's license, the department shall obtain driving record information through the Commercial Driver License Information System, through the National Driver Register (NDR), and from each state in which the applicant has been licensed.
6. Within ten days after issuing a commercial driver's license, the department shall notify the Commercial Driver License Information System of that fact and provide all information required to ensure identification of the licensee.
7. Except as provided for in Code Section 40-5-21.1, the commercial driver's license shall expire on the licensee's birthdate in the eighth year following the issuance of such license.
8. When applying for renewal of a commercial driver's license, the applicant shall complete the application form required by subsection (a) of Code Section 40-5-149, providing updated information and required medical certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed.
9. 1. Before issuing, renewing, upgrading, or transferring a commercial driver's license with a hazardous materials endorsement, the department shall obtain a Transportation Security Administration determination that the individual does not pose a security risk warranting denial of the endorsement. The department shall promulgate rules and regulations as necessary to implement this subsection.
   2. If, after issuing a commercial driver's license bearing a hazardous materials endorsement, the department receives notification that the Transportation Security Administration has determined that the holder thereof poses a security risk, it shall cancel the commercial driver's license. The department may issue a new commercial driver's license without a hazardous materials endorsement to said licensee upon surrender of the license bearing the cancelled endorsement.
   3. If a person to whom the department previously issued a commercial driver's license with a hazardous materials endorsement has provided all of the required information to the Transportation Security Administration for the completion of a security threat assessment, but the Transportation Security Administration has not provided a Determination of No Security Threat or a Final Determination of Threat Assessment before the expiration date of said commercial driver's license, the department may renew the commercial driver's license for a period of 90 days if the licensee wishes to retain the hazardous materials endorsement. Notwithstanding the foregoing, the person's commercial driver's license may be renewed for the full renewal period if the licensee wishes to drop the hazardous materials endorsement.
   4. If a person to whom another state previously issued a commercial driver's license with a hazardous materials endorsement applies prior to the expiration thereof to transfer said license, the department may issue a temporary commercial driver's license with a hazardous materials endorsement valid for a period of 90 days upon the person's successful completion of all other statutory requirements. It shall be a prerequisite to the issuance of such a temporary license that the person has provided all of the required information to the Transportation Security Administration for the completion of a security threat assessment, but the Transportation Security Administration has not provided a Determination of No Security Threat or a Final Determination of Threat Assessment prior to the expiration date of the person's commercial driver's license issued by the previous state.

(Code 1981, §40-5-150, enacted by Ga. L. 1989, p. 519, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 1994, p. 97, § 40; Ga. L. 1996, p. 1250, § 9; Ga. L. 1997, p. 1443, § 4; Ga. L. 2000, p. 951, §§ 5-57, 5-58; Ga. L. 2003, p. 484, § 5; Ga. L. 2005, p. 854, § 2/SB 273; Ga. L. 2006, p. 449, §§ 17, 18/HB 1253; Ga. L. 2007, p. 117, § 4/HB 419; Ga. L. 2008, p. 171, § 11/HB 1111; Ga. L. 2014, p. 710, § 7-2/SB 298; Ga. L. 2015, p. 60, § 4-22/SB 100; Ga. L. 2016, p. 385, § 10/HB 806.)

The 2016 amendment, effective April 26, 2016, substituted "eighth year" for "fifth year" in subsection (g).

- Pursuant to Code Section 28-9-5, in 1989, "Part" was substituted for "part" in paragraph (b)(3).

Pursuant to Code Section 28-9-5, in 1990, a comma was deleted following "C.F.R." in paragraph (b)(3).

- Ga. L. 1997, p. 1443, § 6, not codified by the General Assembly, provides that the 1997 amendment to this Code section shall be applicable to licenses, permits, and indentification cards issued on or after July 1, 1997.

Ga. L. 2005, p. 854, § 3/SB 273, not codified by the General Assembly, provides that the 2005 amendment applies to offenses occurring on or after July 1, 2005.

Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: "Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date."

JUDICIAL DECISIONS

Operating vehicle without commercial driver's license.

- Evidence presented during the bench trial was sufficient for the trial court to find the defendant guilty beyond a reasonable doubt of operating a commercial motor vehicle without being issued a commercial driver's license valid for the vehicle in violation of the Uniform Commercial Driver's License Act, O.C.G.A. § 40-5-146(a), because the state produced evidence that the combination (articulated) vehicle defendant operated had a gross combination weight rating of 26,500 pounds, which included a towed vehicle (trailer) with a gross vehicle weight rating in excess of 10,000 pounds; therefore, a "class A" commercial driver's license was required to operate the vehicle under the Act, O.C.G.A. § 40-5-150(b)(1). Williams v. State, 303 Ga. App. 407, 693 S.E.2d 613 (2010).