Section 10 Continued: Safety Responsibility Law
Safety Responsibility Law
The purpose of this law is to remove irresponsible drivers from Georgia highways and to protect insured motorists from uninsured motorists. In the event you should fail to satisfy a claim for damage resulting from a motor vehicle crash, and a claim is filed against you under the Safety Responsibility Law, you will receive an order suspending your license.
To avoid the suspension, you may:
- Have your insurance carrier file Form SR-21 with the DDS if you were covered by liability insurance at the time of the crash; or
- File either a general or a conditional release that has been signed by the claimant (injured party in the crash) with the DDS; or
- Post security to cover the damages with the DDS, which may be a cashier's check, certified check, money order, real property bond or surety bond, in addition to posting of financial responsibility, Form SR-22A.
Any security or bond posted with the Department will be held for one year and thereafter until proof is furnished to the Department that you have not been sued as a result of the crash.
You are entitled to a hearing, if desired, and if requested within ten (10) days of the receipt of the order of suspension.
Mandatory Revocations
Your driver's license will be revoked in Georgia if any of the following occur:
- You are declared a Habitual Violator based upon the third conviction of any combination of these offenses within 5 years:
- Driving under the Influence (DUI);
- Homicide by vehicle;
- Feticide by vehicle;
- Serious injury by vehicle;
- Hit and run or leaving the scene of a crash;
- Racing;
- Using a motor vehicle in fleeing or attempting to elude an officer;
- Reckless Stunt Driving
- Operating a motor vehicle with a suspended, canceled, or revoked registration;
- Any felony in the commission of which a motor vehicle is used; or
- Refusal to submit to a re-examination of driving skills or knowledge of driving rules after receiving notice giving reasonable grounds for such a request;
- If you have been declared incompetent or if there is sufficient evidence that you are unsafe to drive, due to mental health or physical disability or disease, or by alcohol or drug addiction.
If you are declared a Habitual Violator, you may be eligible for a Probationary License after serving two years of the revocation period.
Limited Driving Permits
In some situations, a limited driving permit may be available for a fee of $32 during the suspension period. A limited driving permit would allow you to only:
- Drive to your place of employment;
- Receive scheduled medical attention or obtain prescribed drugs;
- Attend classes at a college or school in which you are enrolled as a student;
- Attend regularly scheduled sessions or meetings of support organizations for the treatment of alcohol or other drugs;
- Attend a driver education program or alcohol/drug assessment and treatment program;
- Attend court, report to a probation office or officer, or perform community service;
- Transport unlicensed immediate family members to work, medical care and to obtain prescriptions, and to school.
The Department may also specify the places you may travel to, specific routes of travel, times of travel, and indicate vehicles, or other restrictions deemed necessary. Limited driving permits are not valid for driving a commercial vehicle.
A limited driving permit will be revoked by the Department if you are convicted of violating any state law or local ordinance relating to the movement of vehicles or if you are convicted of violating any of the conditions or restrictions of your permit. In addition, a conviction will extend the underlying suspension of your driving privilege for an additional 6 months.
Limited driving permits are not available for convictions of the following offenses or in the following situations:
- Implied Consent refusal (may be available if no prior DUI conviction within past 5 years);
- No Insurance convictions;
- Driving while license suspended convictions;
- Failure to pay super speeder fee;
- Failure to pay child support;
- Failure to appear in court or respond to a citation;
- Medical revocation;
- Safety responsibility;
- Parent requested revocation;
- DUI Drugs
- DUI convictions prior to age 21; and
- Refusal to weigh (CMV).
A limited driving permit may be available in the following situations, depending on your age and the number of convictions on your driving record:
- 1st DUI (non-drugs);
- 2nd DUI conviction in 5 years;
- DUI ALS;
- Under 21 speeding violation but only if age 18 or older, speeding was 24-33 mph over the posted speed limit, and approved by the sentencing court judge;
- 1st or 2nd suspension for accumulation of 15 or more points within a 24 month period;
- 3rd controlled substance violation after a 2 year suspension and age 21 or over;
- Homicide by vehicle 2nd Degree (age 21 or over);
- Any felony in the commission of which a motor vehicle is used (age 21 or over);
- Using a motor vehicle in fleeing or attempting to elude an officer (age 21 or over);
- Fraudulent or fictitious use of, or application for, a license/ID card (age 21 or over);
- Hit and run or leaving the scene of a crash (age 21 or over);
- Racing (age 21 or over);
- Operating a motor vehicle with a revoked, canceled, or suspended registration (age 21 or over);
- If approved by the sentencing Court Judge involving license suspensions for certain drug offenses
In all cases, the Department will make the final determination of eligibility for a limited driving permit. Please contact DDS at 678-413-8400 for further information.
Commercial Driving Disqualifications
When commercial driving privileges are disqualified, the licensee is prohibited from operating a Commercial Motor Vehicle (CMV). Commercial driving privileges can be disqualified even if you do not have a commercial driver's license (CDL). If you do not have a CDL, but your commercial driving privileges are disqualified, you will not be eligible to obtain a CDL during the period of the disqualification.
The commercial driving privileges can be withdrawn for:
- Conviction of a Major traffic violation;
- Conviction of two or more Serious traffic violations;
- Use of a CMV in the commission of any felony involving a controlled substance or marijuana (other than mere felony possession);
- Violation of an out-of-service order; or
- Conviction of a railroad grade crossing offense in a CMV.
Major Traffic Violations
The commercial driving privileges of any person convicted of one of the following "major traffic violations" in this state, or any other state, in a commercial or, unless otherwise specified, a noncommercial vehicle will be disqualified for one year:
- Driving a CMV if your BAC is .04 gm. or higher;
- DUI;
- Hit and run or leaving the scene of a crash;
- Failure to report striking an unattended vehicle;
- Failure to report striking a fixed object;
- Failure to report a crash;
- Any felony in the commission of which a motor vehicle is used;
- Driving a CMV while the CDL is revoked, suspended, canceled, or disqualified;
- Homicide by vehicle;
- Racing;
- Using a motor vehicle in fleeing or attempting to elude an officer;
- Fraudulent or fictitious use of, or application for, a license/ID card;
- Operating a motor vehicle with a revoked, canceled, or suspended registration;
- Commercial vehicle cargo theft; or
- Refusal to submit to state administered chemical testing when requested by a law enforcement officer.
If convicted of any of these offenses while you are operating a CMV that is placarded for hazardous materials, you will be disqualified from driving a CMV for at least three years for a first offense.
A second conviction from a separate incident of any of these major traffic violations will result in a lifetime disqualification of commercial driving privileges.
Serious Traffic Violations
Your commercial driving privileges will be disqualified for a period of 60 days upon a second conviction in three years for a serious traffic violation (provided that the two convictions arose from separate incidents). Your commercial driving privileges will be disqualified for a period of 120 days upon a third or subsequent conviction in three years for a serious traffic violation (provided that the various convictions arose from separate incidents).
The following violations are defined as "serious traffic violations" when committed in this state, or any other state, when operating either a CMV or, unless otherwise specified, a noncommercial motor vehicle:
- Speeding 15 or more miles per hour above the posted speed limit;
- Reckless driving;
- Following another vehicle too closely;
- Improper or erratic lane change, including failure to signal a lane change;
- A violation of state law or a local ordinance relating to motor vehicle traffic control arising in connection with a fatal crash, excluding parking, weight, length, height, and vehicle defect violations, and excluding homicide by vehicle;
- A railroad grade crossing violation in a noncommercial motor vehicle;
- Driving a commercial motor vehicle without obtaining a commercial driver's license;
- Driving a commercial motor vehicle without a commercial driver's license in your immediate possession, but not if it is because your commercial driving privileges have been suspended, revoked, canceled, or disqualified;
- Driving a commercial motor vehicle without a commercial driver's license of the proper class and endorsements for the specific vehicle you are operating or for the passengers or type of cargo you are transporting;
- Use of a wireless device for text based communications while operating a commercial motor vehicle.
Other Violations
A felony conviction involving the manufacturing, distribution, trafficking or possession of a controlled substance or marijuana using a CMV (other than mere felony possession) will result in a lifetime disqualification of commercial driving privileges.
Violation of an out-of-service order will result in a disqualification of:
- not less than 180 days and not more than one year for a 1st offense;
- not less than 2 years and not more than 5 years for a 2nd offense; and
- not less than 3 years and not more than 5 years for a 3rd or subsequent incidents.
An additional disqualification period will apply when an out-of-service order is violated while transporting hazardous materials or transporting more than 15 passengers.
Conviction of any railroad grade crossing offense while operating a CMV will also result in a disqualification of 60 days for a 1st offense up to 1 year for a third or subsequent violation within a 3 year period.