2025 Georgia Codes – Page 247

Amended 2024
[Note: The 2024 amendment to this section consisted solely of a nonsubstantive, technical correction.]
(a) No person, except those expressly exempted in this chapter or in Chapter 6 of this title, shall drive any
motor vehicle upon a highway in this state unless such person has a valid driver’s license under this chap-
ter for the type or class of vehicle being driven. Any person who is a resident of this state for 30 days shall
obtain a Georgia driver’s license before operating a motor vehicle in this state. Any court having jurisdiction
over traffic offenses in this state shall report to the department the name and other identifying information of
any individual convicted of driving without a license. This Code section shall not apply to a person driving
with a suspended license or license that has been revoked. Any person convicted of violating this Code sec-
tion shall be punished as provided in subsection (a) of Code Section 40-5-121; provided, however, that, if:
(1) Such person is driving with a driver’s license issued by this state that has been expired for less than 31
days at the time of the offense and he or she produces in court a driver’s license that would have been valid
at the time of the offense, he or she shall not be guilty of such offense; and
(2) Such person is driving without a valid driver’s license or receipt issued by the department reflecting
issuance, renewal, replacement, or reinstatement in his or her possession but he or she has a valid driver’s
license, Code Section 40-5-29 shall apply to such offense.
(b) No person, except those expressly exempted in this chapter, shall steer or, while within the passenger
compartment of such vehicle, exercise any degree of physical control of a vehicle being towed by a motor
vehicle upon a highway in this state unless such person has a valid driver’s license under this chapter for the
type or class of vehicle being towed.
(c)(1)(A) Any person who applies for a driver’s license, instruction permit, or limited driving permit shall
indicate on such application whether he or she is in possession of any other valid driver’s license or permit
issued pursuant to this title or from any other jurisdiction.
(B) Except as provided in paragraph (2) of this subsection, no person shall receive a driver’s license unless
and until such person surrenders to the department all valid licenses or permits in such person’s possession
issued to him or her pursuant to this title or by any other jurisdiction. The department shall physically mark
any surrendered license or permit in a manner which makes it apparent that such license or permit is no
longer valid and return the license or permit to such person.
(C) The department shall issue a receipt to a person eligible to be issued a driver’s license, instruction
permit, or limited driving permit pursuant to the requirements of this title. Such receipt shall satisfy the
requirements of subsection (a) of Code Section 40-5-29 regarding proof of eligibility to operate a motor
vehicle until the person has received his or her permanent driver’s license, instruction permit, or limited
driving permit.
(D) If a surrendered driver’s license was issued by another jurisdiction, the department shall forward the
surrendered license information to the previous jurisdiction.
(E) Except as provided for in paragraph (2) of this subsection, no person shall be permitted to have more
than one valid driver’s license at any time.
(2) Any noncitizen who is eligible for issuance of a driver’s license, instruction permit, or limited driving
permit pursuant to the requirements of this title and is in possession of a valid driver’s license or permit
issued by a foreign jurisdiction may be issued a driver’s license, instruction permit, or limited driving per-
mit without surrendering the foreign driver’s license or permit. This exemption shall not apply to a person
who is required to terminate any previously issued driver’s license pursuant to federal law. The depart-
ment shall make a notation on the driving record of any person who retains a foreign driver’s license, and
this information shall be made available to law enforcement officers and agencies on such person’s driving
record through the Georgia Crime Information Center.
(d) Any person licensed as a driver under this chapter may exercise the privilege thereby granted upon all
streets and highways in this state and shall not be required to obtain any other license to exercise such privi-
lege by any county, municipality, or local board or body having authority to adopt local police regulations.

(a) Except as provided in Article 7 of this chapter, the “Uniform Commercial Driver’s License Act,” the fol-
lowing persons are exempt from licenses under this chapter:
(1) Any employee of the United States government while operating a motor vehicle owned by or leased to
the United States government and which is being operated on official business, unless such employee is
required by the United States government or any agency thereof to have a state driver’s license;
(2) A nonresident who has in his or her immediate possession a valid driver’s license issued to him or her in
his or her home state, country, or political subdivision of a foreign country; provided, however, that such
person would otherwise satisfy all requirements to receive a Georgia driver’s license; and provided, further,
that in the case of a driver’s license issued by the driver’s licensing authority of a foreign country or politi-
cal subdivision of a foreign country, a law enforcement officer may consult such person’s passport or visa to
verify the validity of such license, if available;
(3) A nonresident on active duty in the armed forces of the United States who has a valid license issued by
his or her home state, and such nonresident’s spouse or dependent son or daughter who has a valid license
issued by such person’s home state;
(4) Any person on active duty in the armed forces of the United States who has in his or her immediate pos-
session a valid license issued in a foreign country or political subdivision of a foreign country by the armed
forces of the United States, for a period of not more than 45 days from the date of his or her return to the
United States;
(5) Any inmate or resident patient of a state, county, or municipally owned institution who drives a vehicle
while on the grounds of such institution and while accompanied by and under the direct personal supervi-
sion of a qualified driving instructor or of some other person duly authorized in writing to so accompany
and supervise such inmate or resident patient;
(6) Any person driving or operating a farm tractor or farm implement temporarily operated on a highway for
the purpose of conducting farm business;
(7) Any inmate of a state, county, or municipal prison, correctional institution, or jail while operating a
motor vehicle owned by or leased to the state, county, or municipality and being operated with the written
approval of the warden or superintendent and in such manner and for such purpose as may be specified by
the warden or superintendent, provided that such inmate, within the 60 day period prior to the grant of writ-
ten authority, has passed the vision, written, and driving tests required for licensing a citizen to operate such
motor vehicle. The department shall give such tests and issue a certificate, without charge therefor, to any
inmate passing such tests;
(8) A member of the reserve components of the armed forces of the United States while operating a motor
vehicle owned by or leased to the United States government and being operated in accordance with the
duties of such member as a member of the reserve components of the armed forces;
(9) Any person seeking to obtain a driver’s license while taking the driving examination for such license
accompanied by a driver license examiner of the department or a certified examining agent of the depart-
ment;
(10) Any migrant farm worker who works in this state less than 90 days in any calendar year and who pos-
sesses a valid driver’s license issued by another state;
(11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other
than a commercial motor vehicle under the direct personal supervision of a driving instructor when such
driving instructor and training vehicle are licensed by the department in accordance with the provisions of
Chapter 13 of Title 43, “The Driver Training School and Commercial Driver Training School License Act.”
As used in the previous sentence, the term “commercial motor vehicle” shall have the meaning specified
in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall
be equipped with dual controlled brakes and shall be marked with signs in accordance with the rules of the
department clearly identifying such vehicles as training cars belonging to a licensed driving school. A driv-
ing instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training
prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such
person has at least the visual acuity and horizontal field of vision as is required for issuance of a driver’s
license in subsection (c) of Code Section 40-5-27;
(12) Any person while operating a personal transportation vehicle:
(A) On any way publicly maintained for the use of personal transportation vehicles by the public and no
other types of motor vehicles in accordance with a local ordinance adopted pursuant to Part 3 or 6 of
Article 13 of Chapter 6 of this title; or
(B) When crossing a street or highway used by other types of motor vehicles at a location designated for
such crossing pursuant to subsection (d) of Code Section 40-6-331 or pursuant to a PTV plan authorized
by a local authority as described in Part 6 of Article 13 of Chapter 6 of this title; and
(13) A fully autonomous vehicle with the automated driving system engaged or the operator of a fully
autonomous vehicle with the automated driving system engaged.
(b) Notwithstanding any contrary provisions of Code Section 40-5-20 or subsection (a) of this Code section,
a nonresident of this state who is attending a school in this state shall be exempt from the driver’s licensing
requirements of this chapter if and only if:
(1) He or she is at least 16 years of age and has in his or her immediate possession a valid license issued to
him or her in his or her home state or country; provided, however, that any restrictions which would apply
to a Georgia driver’s license as a matter of law would apply to the privilege afforded to the out-of-state
license; and
(2) He or she is currently enrolled or was enrolled during the immediately preceding period of enrollment
in a school in this state, has paid for the current period of enrollment or paid for the immediately preceding
period of enrollment the tuition charged by the school to nonresidents of Georgia, and has in his or her pos-
session proof of payment of such tuition for such current or immediately preceding period of enrollment.