1-1-.17 Issuance of a Commercial Driver’s License following a Lifetime Disqualification

1. Any person who has been disqualified from operating a commercial motor vehicle for life, by the State of Georgia, pursuant to 49 C.F.R. 383.51 and/or 40-5-151 due to convictions for “major violations” as defined in may O.C.G.A. § 40‑5‑142 may apply for issuance of another commercial driver’s license after serving at least 10 years of such disqualification unless one (1) or more of such major traffic violations was a conviction for vehicular homicide in the first degree, serious injury by vehicle, using a CMV in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance, or Human Trafficking
2. In order to be eligible for issuance of a commercial driver’s license pursuant to Paragraph (1), such person must provide acceptable documentation of the following:
3. A certified copy of his or her driving record reflecting no convictions whatsoever for a period of five (5) years prior to submitting such application.  For purposes of this regulation, the definition of “conviction” in O.C.G.A. § 40‑5‑1 shall apply;
4. If either major traffic violation conviction involved alcohol, a clinical evaluation issued within ninety (90) days of such application reflecting a determination that no treatment is recommended. For purposes of this regulation, the definition of “clinical evaluation” in O.C.G.A. § 40-5-1 shall apply; and
   1. If neither major traffic violation conviction involved alcohol, a certificate of completion from a Certified Driver Improvement Course issued within ninety (90) days of such application; and
      1. An application fee of $210; and 
      2. A current USDOT medical certificate card.  
5. A certified copy of his or her driving record reflecting no convictions whatsoever for a period of five (5) years prior to submitting such application.  For purposes of this regulation, the definition of “conviction” in O.C.G.A. § 40‑5‑1 shall apply;
6. If either major traffic violation conviction involved alcohol, a clinical evaluation issued within ninety (90) days of such application reflecting a determination that no treatment is recommended. For purposes of this regulation, the definition of “clinical evaluation” in O.C.G.A. § 40-5-1 shall apply; and
7. If neither major traffic violation conviction involved alcohol, a certificate of completion from a Certified Driver Improvement Course issued within ninety (90) days of such application; and
8. An application fee of $210; and
9. A current USDOT medical certificate card.
10. Upon successful completion of the applicable knowledge exam, such person shall be issued a Commercial Learner’s Permit in such class.   Commercial Learner’s Permits issued pursuant to this regulation shall be restricted to intrastate driving only.  Commercial Learner’s Permits issued pursuant to this regulation shall not contain a Passenger endorsement. The Commercial Learner’s Permit must be held for a minimum of fourteen (14) days prior to being administered the applicable skills test. 
11. Upon successful completion of the applicable skills test, such person shall be issued a Commercial Driver’s License restricted to Intrastate Driving only.  Such restriction may be removed after two (2) years if such person’s driving record contains no convictions for any “Serious Traffic Violation” or “Railroad Grade Crossing” offense referenced in O.C.G. A §  40-5-142 and O.C.G.A. § 40-5-151.
12. Commercial Driver’s Licenses issued pursuant to this regulation shall not contain a Passenger Endorsement for the first two (2) years. Such person may be eligible for a Passenger Endorsement after two (2) years if such person’s driving records contains no convictions of any “Serious Traffic Violation” or “Railroad Grade Crossing” offense referenced in O.C.G.A. § 40-5-142 and O.C.G.A. § 40-5-151.
13. No person whose Lifetime Disqualification from operating a commercial motor vehicle has been reduced to ten (10) years pursuant to this regulation shall be eligible for a Hazardous Materials endorsement or a School Bus Endorsement on any license or permit issued as a result thereof.
14. No person who incurs a conviction for a “Major Traffic Violation” after his or her Lifetime Disqualification from operating a commercial motor vehicle has been reduced to ten (10) years pursuant to this regulation shall be eligible for a subsequent re-issuance of a Commercial Driver’s License.
15. Appeals of decisions related to the issuance of another commercial driver’s license after serving at least ten (10) years of a Lifetime Disqualification must be submitted in writing, within ten (10) days of the decision from the Department and shall contain the following information:
    1. The name, address, driver's license number and date of birth of the licensee who is the subject of the appeal;
    2.  A clear and concise statement of the facts upon which the contested case arises;
    3. The legal authority under which the appeal is filed, including all code sections;
    4. A prayer setting forth the relief sought; and
    5. e. If the party filing the request is represented by counsel, the name and address of counsel. Appeals submitted by attorneys should be signed by same.
16. Upon receipt of a timely, properly filed appeal, the Department will forward the appeal and all pertinent documents to the Office of State Administrative Hearings (OSAH) in accordance with OSAH rules.
17. Requests to have Lifetime Disqualifications from operating a commercial motor vehicle reduced to ten (10) years under paragraph (2) and appeals under paragraph (8) should be sent to the following address:

Attn: CDL Unit

2206 Eastview Parkway

Conyers, Georgia 30013

Authority: O.C.G.A. §§ 40-5-4, 40-16-2, 40-16-3, 40-16-4, 40-16-5, 40-5-101, 40-5-142, 40-5-151