2025 Georgia Codes – Page 259

mercial 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:
(1) 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
(2) By a fine of $5,000.00, imprisonment for not more than 90 days, or both, for each offense.
(b) 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.
(c) 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.
(d) 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.
(e) 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 cross-
ings shall be subject to a civil penalty not to exceed $10,000.00.
(f) 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.

(a) Any driver of a commercial motor vehicle holding a license issued by this state who is convicted of violat-
ing any state law or local ordinance relating to motor vehicle traffic control in any other state or any federal,
provincial, territorial, or municipal laws of Canada relating to motor vehicle traffic control, other than park-
ing violations, shall notify the department in the manner specified by the department within 30 days of the
date of conviction. If the court notifies the department of such conviction, the responsibility of the driver to
notify the department shall be waived.
(b) Any driver of a commercial motor vehicle holding a license issued by this state who is convicted of violat-
ing any state law or local ordinance relating to motor vehicle traffic control in this or any other state or any
federal, provincial, territorial, or municipal laws of Canada relating to motor vehicle traffic control, other
than parking violations, shall notify his or her employer in writing of the conviction within 30 days of the
date of conviction.
(c) Each driver whose driver’s license is suspended, revoked, or canceled by any state; who loses the privi-
lege to drive a commercial motor vehicle in any state for any period; or who is disqualified from driving a
commercial motor vehicle for any period shall notify his or her employer of that fact before the end of the
business day following the day the driver received notice of that fact.
(d) Each person who applies to be a commercial motor vehicle driver shall, at the time of the application,
provide the employer with the following information for the ten years preceding the date of application:
(1) A list of the names and addresses of the applicant’s previous employers for which the applicant was a
driver of a commercial motor vehicle;
(2) The dates between which the applicant drove for each employer; and
(3) The reason for leaving that employer.
The applicant shall certify that all information furnished is true and complete. An employer may require an
applicant to provide additional information.

(a) Each employer shall require every commercial motor vehicle driver applicant to provide the information
specified in subsection (d) of Code Section 40-5-144.
(b) No employer may knowingly allow, require, permit, or authorize a driver to drive a commercial motor
vehicle during any period:
(1) In which the driver has a driver’s license suspended, revoked, or canceled by a state; has lost the privi-
lege to drive a commercial motor vehicle in a state; or has been disqualified from driving a commercial
motor vehicle;
(2) In which the driver has more than one driver’s license;
(3) In which the driver, or the commercial motor vehicle that he or she is driving, or the motor carrier opera-
tion, is subject to an out of service order; or
(4) In violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings.