2025 Code of Georgia
Title 40 - Motor Vehicles and Traffic (Chs. 1 — 16)
Chapter 5 - Drivers’ Licenses (Arts. 1 — 8)
Article 3 - Cancellation, Suspension, and Revocation of Licenses (§§ 40-5-50 — 40-5-74)
Annotations
Notes
Editor’s notes.Code Sections 40-5-67 through 40-5-69, which became effective in this article January 1, 1991, were formerly contained in Article 3A, pertaining to the disposition of licenses of persons driving under the influence of alcohol or drugs. The former Article 3A consisted of Code Sections 40-5-67 through 40-5-73 and was based on Ga. L. 1983, p. 1000, § 1; Ga. L. 1984, p. 22, § 40; Ga. L. 1984, p. 797, § 3; Ga. L. 1985, p. 758, §§ 10 and 11, Ga. L. 1989, p. 14, § 40; and Ga. L. 1990, p. 1154.
JUDICIAL DECISIONS
Suspension of license by court. —Although the Department of Public Safety has the authority to cancel, suspend, or revoke a driver’s license under certain circumstances, O. C. G. A. § 40-5-50 et seq. does not purport to deprive a court of competent jurisdiction of the authority to suspend a driver’s license as a condition of probation. Brock v. State, 165 Ga. App. 150, 299 S. E.2d 71, 1983 Ga. App. LEXIS 1796 (1983).
Issuance of limited permit. —There is no authority for issuance of a limited permit to a person currently ineligible for a license due to a conviction of driving with a revoked license. Hardison v. Popham, 151 Ga. App. 143, 259 S. E.2d 149, 1979 Ga. App. LEXIS 2470 (1979).
Research References & Practice Aids
Cross references.Suspension of drivers’ licenses for failure to obtain motor vehicle insurance, § 40-5-70.
Suspension of driver’s license for failure to satisfy judgment rendered in action arising out of motor vehicle accident, § 40-9-60 et seq.
Prosecution of traffic offenses, § 40-13-1 et seq.
Administrative rules and regulations.Revocation and Suspension, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Driver Services, Driver License Services, Rule 375-3-3-.01 et seq.
Law reviews.For note on 1993 amendment of this article, see 10 Georgia St. U. L. Rev. 169 (1993).
For note on the 1994 amendments of Code Sections 40-5-58, 40-5-64, 40-5-67 to 40-5-67.2 of this article, see 11 Georgia St. U. L. Rev. 215 (1994).
RESEARCH REFERENCES Am. Jur. 2d.7A Am. Jur. 2d, Automobiles and Highway Traffic, § 116 et seq.
ALR.Validity, construction, and application of provision for revocation or suspension of driver’s license because of conviction of traffic violation in another state, 87 A. L. R.2d 1019.
Ordinance providing for suspension or revocation of state-issued driver’s license as within municipal power, 92 A. L. R.2d 204.
Necessity of notice and hearing before revocation or suspension of motor vehicle driver’s license, 60 A. L. R.3d 361.
Request for prior administration of additional test as constituting refusal to submit to chemical sobriety test under implied consent law, 98 A. L. R.3d 572.
State’s liability to one injured by improperly licensed driver, 41 A. L. R.4th 111.
Validity and application of statute or regulation authorizing revocation or suspension of driver’s license for reason unrelated to use of, or ability to operate, motor vehicle, 18 A. L. R.5th 542.
Hierarchy Notes:O. C. G. A. Title 40
O. C. G. A. Title 40, Ch. 5
- § 40-5-50. Authority of department to cancel license or identification card
- § 40-5-51. Suspension of driving privilege of nonresident; reporting convictions, suspensions, and revocations of nonresidents
- § 40-5-52. Suspension of license or operating privilege for conduct in another state
- § 40-5-53. Surrender of license to court of conviction; report of conviction to department; destruction of license
- § 40-5-54. Mandatory suspension of license; notice of suspension
- § 40-5-54.1. Denial or suspension of license for noncompliance with child support order
- § 40-5-55. Implied consent to chemical tests
- § 40-5-56. Suspension of license or driving privilege for failure to respond to citation; reinstatement of license
- § 40-5-57. Suspension or revocation of license of habitually negligent or dangerous driver; point system
- § 40-5-57.1. Suspension of licenses of persons under 21 years for certain offenses; suspension of licenses of persons under 18 years for certain point accumulation
- § 40-5-57.2. [Effective until July 1, 2028] Suspension of license for reckless stunt driving
- § 40-5-57.2. [Effective July 1, 2028] Suspension of license for reckless stunt driving
- § 40-5-57.3. Penalty for multiple convictions of causing serious injury due to right of way violations
- § 40-5-58. Habitual violators; probationary licenses
- § 40-5-59. Reexamination of drivers believed to be incompetent or unqualified
- § 40-5-60. When revocation or suspension effective; notice
- § 40-5-61. Surrender and return of license; time served under such sentence credited toward fulfillment of period of revocation or suspension
- § 40-5-62. Periods of revocation; time served under such sentence credited toward fulfillment of period of revocation; conditions to restoration of license or issuance of new license
- § 40-5-63. Periods of suspension for certain convictions of Code Section 40-5-54 or 40-6-391; conditions to return of license
- § 40-5-63.1. Clinical evaluation and substance abuse treatment programs for certain offenders
- § 40-5-64. Limited driving permits for certain offenders
- § 40-5-64.1. Ignition interlock device limited driving permits
- § 40-5-64.2. [Effective July 1, 2028] Intelligent speed assistance device limited driving permits
- § 40-5-65. Restriction as to operation under foreign license during period of revocation or suspension
- § 40-5-66. Appeals from decisions of department
- § 40-5-67. Seizure and disposition of driver’s license of persons charged with driving under the influence; issuance of temporary driving permit; disposition of cases
- § 40-5-67.1. Chemical tests; implied consent notices; rights of motorists; test results; refusal to submit; suspension or disqualification; administrative license suspension hearing and review; inspection and certification of breath-testing instruments
- § 40-5-67.2. Terms and conditions for implied consent license suspension; administrative license suspension in relation to post-conviction suspension
- § 40-5-68. [Reserved] Suspension of licenses by operation of law for failure to complete alcohol or drug program
- § 40-5-69. Circumstances not affecting suspensions by operation of law
- § 40-5-70. Suspension of license, license tag, and tag registration for operation of vehicle without effective insurance
- § 40-5-71. [Reserved] Notice of insurance issuance, renewal, or termination; lapse fee; suspension of license following insurance termination; restricted driving permits
- § 40-5-72. Forwarding of suspended license, license tag, and tag registration to department
- § 40-5-73. Limited applicability
- § 40-5-74. Defacement or alteration of seized license prohibited
