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Georgia Code - Motor Vehicles & Traffic - Title 40, Section 40-5-1

Legal Research Home > Georgia Laws > Motor Vehicles and Traffic > Georgia Code - Motor Vehicles & Traffic - Title 40, Section 40-5-1

As used in this chapter, the term:

(1) 'Assessment component' means the standard screening instrument or instruments designated by the Department of Driver Services which are used to screen for the extent of an individuaĺs alcohol or drug use and its impact on driving.

(2) Reserved.

(3) 'Cancellation of driveŕs license' means the annulment or termination by formal action of the department of a persońs license because of some error or defect in the license or because the licensee is no longer entitled to such license. The cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation.

(3.1) 'Clinical evaluation' means an evaluation under Chapter 7 of Title 37 at a facility to diagnose an individuaĺs substance abuse or dependence and, if indicated, to refer the individual to appropriate treatment.

(4) 'Code Section 40-6-391' means Code Section 40-6-391 of the Official Code of Georgia Annotated, as now or hereafter amended, any federal law or regulation substantially conforming to or parallel with the offense covered under Code Section 40-6-391, any local ordinance adopted pursuant to Article 14 of Chapter 6 of this title, which ordinance adopts the provisions of Code Section 40-6-391, or any previously existing or existing law of this or any other state, which law was or is substantially conforming to or parallel with Code Section 40-6-391.

(5) 'Commissioner' means the commissioner of driver services.

(6) 'Conviction' means a forfeiture of bail or collateral deposited to secure a defendant́s appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a traffic violation charge, regardless of whether the sentence is suspended, probated, or rebated.

(7) 'Department' means the Department of Driver Services.

(8) 'Disqualification of driveŕs license' means a prohibition against driving a commercial motor vehicle.

(9) 'DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by the Department of Driver Services which consists of two components: assessment and intervention. In the case of a conviction or plea of nolo contendere to a violation of Code Section 40-6-391 or in any other instance in which a person may be referred to a DUI Alcohol or Drug Use Risk Reduction Program, the program administers the assessment component and refers such offender to the intervention component.

(10) 'Intervention component' means a program which delivers therapeutic education about alcohol and drug use and driving and peer group counseling concerning alcohol and drug use over a period of 20 hours utilizing a methodology and curriculum approved and certified by the Department of Driver Services for the DUI Alcohol or Drug Use Risk Reduction Programs under subsection (e) of Code Section 40-5-83.

(11) Reserved.

(12) 'Mail' means to deposit in the United States mail properly addressed and with postage prepaid.

(13) 'Owner' means a person other than a lienholder or security interest holder having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a lien or security interest in another person, but excludes a lessee under a lease not intended as security.

(13.5) 'Personal information' means any information that identifies a person, including but not limited to an individuaĺs fingerprint, photograph, or computerized image, social security number, driver identification number, name, address (other than five-digit ZIP Code), telephone number, and medical or disability information.

(14) 'Present and future minimum motor vehicle insurance coverage' means minimum coverage as specified in Chapter 34 of Title 33, which coverage cannot be canceled except for a subsequent conviction of an offense enumerated in Code Section 40-5-54 and after giving the commissioner 20 dayś written notice prior to the effective date of the cancellation.

(15) 'Resident' means a person who has a permanent home or abode in Georgia to which, whenever such person is absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that the following person is a resident:

(A) Any person who accepts employment or engages in any trade, profession, or occupation in Georgia or enters his or her children to be educated in the private or public schools of Georgia within ten days after the commencement of such employment or education; or

(B) Any person who, except for infrequent, brief absences, has been present in the state for 30 or more days;

provided, however, that no person shall be considered a resident for purposes of this chapter unless such person is either a United States citizen or an alien with legal authorization from the U.S. Immigration and Naturalization Service.

(16) 'Revocation of driveŕs license' means the termination by formal action of the department of a persońs license or privilege to operate a motor vehicle on the public highways, which license shall not be subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department after the expiration of the applicable period of time prescribed in this chapter.

(16.1) 'Singularly or in combination' means that the department, in determining whether or not a persońs license or privilege to operate a motor vehicle on the public highways is to be revoked as a habitual violator, is to treat each charge for which a conviction was obtained as a separate transaction when determining whether or not a person has the requisite convictions which mandate such a revocation.

(16.2) 'Substance abuse treatment program' means a program of treatment under Chapter 7 of Title 37 at a facility authorized to provide services designed to meet an individuaĺs substance abuse treatment needs based upon the results of a clinical evaluation performed by a provider other than the provider of the treatment program for such individual.

(17) 'Suspension of driveŕs license' means the temporary withdrawal by formal action of the department of a persońs license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the department.

Last modified: April 25, 2006