1-1-.14 Disqualification from Driving a Commercial Motor Vehicle

Any person is subject to a license suspension and/or commercial driving disqualification
in accordance with applicable federal and state law. The following non-exclusive list of
Georgia commercial disqualifications will be applied to the driving record.

  (a)    Any person is disqualified from driving a CMV based on the following violations
          of out-of-service orders:

          1.   First conviction – a period of not less than 180 days and not more than 
                one year.

          2.   Second conviction within a 10-year period – a period of not less than two
                years and not more than five years.

          3.   Third or subsequent conviction within a 10-year period – a period of not less
                than three years and not more than five years.

          4.   A period of not less than 180 days nor more than two years for a first
                conviction while transporting hazardous materials required to be placarded
                under the Federal Hazardous Materials Transportation Law
                (49 U.S.C. Chapter 51), or while operating a motor vehicle designed to
                transport more than 15 passengers, including the driver.

         5.   A period of not less than three years nor more than five years if, during any
              10-year period, any subsequent convictions, while transporting hazardous
              material required to be placarded under the Federal Hazardous Materials
              Transportation Law (49 U.S.C. 5101 et. seq.), or while operating a motor
              vehicle designed to transport more than 15 passengers, including the driver.

         6.   In addition to any other penalty imposed pursuant to this article, any driver
              who is convicted of violating an out-of-service order shall be subject to a
              civil penalty of not less than $2,500.00 for a first offense and not less than
              $5,000.00 for a second or subsequent offense.

  (b)   Any person is disqualified from driving a CMV for a conviction of a serious
         traffic violation as defined in O.C.G.A. § 40-5-142(22) as noted below.

         1.   Not less than 60 days if convicted of two serious traffic violations arising
               from separate incidents occurring within a three-year period as measured
               from the dates of arrests for which convictions were obtained.

         2.   Not less than 120 days if convicted of a third or subsequent serious traffic
               violation arising from separate incidents occurring within a three-year period
               as measured from the dates of arrests for which convictions were obtained.

  (c)   Any person is disqualified from driving a CMV for a period of three years if
         convicted of a first violation of using a CMV in the commission of a felony, or
         a major traffic violation provided that the vehicle being operated or used in
         connection with such violation or commission of such felony is transporting a
         hazardous material required to be placarded under the Hazardous Materials
        Transportation Act, 49 U.S.C. 5101.

  (d)   Any person is disqualified from driving a CMV for a conviction of a major
         traffic violation as defined in O.C.G.A. § 40-5-142 (18.2) as noted below.

         1. First conviction – one year.

         2. Second or subsequent conviction – lifetime.

  (e) Any person is disqualified from driving a CMV for life who knowingly uses
       a motor vehicle in the commission of any felony involving the manufacture,
       distribution, cultivation, sale, transfer of, trafficking, or dispensing of a controlled
       substance or marijuana, or possession with intent to manufacture, distribute,
       cultivate, sell, transfer, traffic in, or dispense a controlled substance or marijuana.

  (f) Any person is disqualified from driving a CMV for life who knowingly uses a CMV
      in the commission of human trafficking or an offense of trafficking an individual for
      labor servitude or sexual servitude in violation of Code Section 16-5-46.

Authority: O.C.G.A. §§ 40-5-156, 40-16-5(c), 40-5-142, 40-5-151,
49 C.F.R. 383.51, 49 C.F.R. § 390.9.
History: Original Rule entitled "1-1-.13 Disqualification from Driving a Commercial
Motor Vehicle. Amended" adopted. Effective Feb. 8, 2017.
Amended: New title "1-1-.14 Disqualification from Driving a Commercial Motor Vehicle";
Effective Nov. 9, 2022.