2021 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 5 - Drivers' Licenses
Article 7 - Commercial Drivers' Licenses
§ 40-5-159. Violations
- Any person who drives a commercial motor vehicle while in violation of the provisions of Code Section 40-5-143 or any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of the provisions of subsection (b) of Code Section 40-5-145 shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:
- Except as provided for in subsections (d) and (e) of this Code section, by a civil penalty of $2,500.00 for each offense; and
- By a fine of $5,000.00, imprisonment for not more than 90 days, or both, for each offense.
- Any employer who reports fraudulent information to the department regarding an employee's employment or experience as required under 49 C.F.R. Part 383 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00.
- Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-5-146 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00.
- Any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of any federal, state, or local law or regulation pertaining to an out-of-service order shall be subject to a civil penalty in an amount not less than $2,750.00 and not to exceed $25,000.00.
- Any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of any federal, state, or local law or regulation pertaining to railroad grade crossings shall be subject to a civil penalty not to exceed $10,000.00.
- Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-6-241 shall be subject to a civil penalty not to exceed $2,750.00 in addition to any criminal fines applicable to such violation. Any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of Code Section 40-6-241 shall be subject to a civil penalty not to exceed $11,000.00.
(Code 1981, §40-5-159, enacted by Ga. L. 1989, p. 519, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 2000, p. 951, § 5-65; Ga. L. 2003, p. 484, § 8; Ga. L. 2006, p. 449, § 20/HB 1253; Ga. L. 2007, p. 117, § 6/HB 419; Ga. L. 2008, p. 171, § 13/HB 1111; Ga. L. 2015, p. 1370, § 5/HB 118; Ga. L. 2018, p. 127, § 7/HB 673.)
The 2018 amendment, effective July 1, 2018, substituted "Code Section 40-6-241" for "Code Section 40-6-241.2" twice in subsection (f).
Code Commission notes.- Pursuant to Code Section 28-9-5, in 1989, "Part" was substituted for "part" in subsection (b).
Editor's notes.- Ga. L. 2018, p. 127, § 1/HB 673, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Hands-Free Georgia Act.'"
Law reviews.- For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 139 (2018).