Page 12 - Georgia Commercial Drivers Manual 2020

1SECTION : INTRODUCTION
• Renounce your United States citizenship.
• Are wanted or under indictment for certain
felonies.
• Have a conviction in military or civilian court
for certain felonies.
• Have been adjudicated as a mental defective
or committed to a mental institution.
• Are considered to pose a security threat as
determined by the Transportation Security
Administration.
The background check procedures vary from
jurisdiction to jurisdiction. Your licensing agen-
cy will provide you with all the information
you need to complete the required TSA back-
ground check procedures. (The TSA website
can provide additional information – https://
universalenroll.dhs.gov.)
1.3.7 – T raffic Violations in Your
Personal Vehicle
The Motor Carrier Safety Improvement Act
(MCSIA) of 1999 requires a CDL holder to be
disqualified from operating a commercial motor
vehicle if the CDL holder has been convicted
of certain types of moving violations in their
personal vehicle.
If your privilege to operate your personal
vehicle is revoked, cancelled, or suspended due
to violations of traffic control laws (other than
parking violations) you will also lose your CDL
driving privileges.
If your privilege to operate your personal ve-
hicle is revoked, cancelled, or suspended due
to alcohol, controlled substance or felony viola-
tions, you will lose your CDL for 1 year. If you are
convicted of a second violation in your personal
vehicle or CMV you will lose your CDL for life.
If your license to operate your personal vehicle
is revoked, cancelled, or suspended you may not
obtain a “hardship” license to operate a CMV.
1.3.8 – Major Traffic Violations
You will be disqualified from driving a CMV
for not less than one year if convicted of any of
the following offenses when operating either a
commercial motor vehicle or, unless otherwise
specified, a noncommercial motor vehicle:
• Driving a vehicle under the influence in vio-
lation of Code Section 40-6-391.
• Hit and run or leaving the scene of an acci-
dent; failing to report striking an unattended
vehicle, failure to report striking a fixed ob-
ject, or failure to report an accident.
• Any felony in the commission of which a
motor vehicle is used.
• Driving a commercial motor vehicle while
the person’s commercial driver’s license or
commercial driving privilege is revoked,
suspended, canceled, or disqualified.
• Homicide by vehicle.
• Racing on highways or streets.
• Using a motor vehicle in fleeing or attempting
to elude an officer.
• Fraudulent or fictitious use of, or application
for, a license.
10 2019-2020 GEORGIA COMMERCIAL DRIVERS MANUAL
• Operating a motor vehicle with a revoked,
canceled, or suspended registration.
• Theft of a vehicle engaged in commercial
transportation of cargo or any appurtenance
thereto or the cargo being transported therein
or thereon.
• Refusing to submit to a state administered
chemical test requested by a law enforce-
ment officer.
If one of the offenses above occurs while you
are operating a CMV that is placarded for haz-
ardous materials, you will be disqualified from
driving a CMV for at least three years.
You will be disqualified from driving a com-
mercial motor vehicle for life if convicted of a
second or subsequent major traffic violation or
any combination of such violations from the
list above.
1.3.9 Georgia Traffic Laws
• When the department determines a road shall
have limited access due to a declared state
of emergency for inclement winter weather
conditions, notice shall be given to motorists
through posted signage that motor vehicles
must be equipped with tire chains, four-wheel
drive with adequate tires for existing condi-
tions, or snow tires with a manufacturer’s all
weather rating in order to proceed.
Commercial motor vehicles shall affix tire
chains to each of the outermost drive wheel
tires. Bus and motor coach operators shall af-
fix tire chains to at least two of the drive wheel as defined in Code Section 16-13-21 with a
tires before proceeding on a road with limited
access due to a declared state of emergency for
inclement winter weather conditions.
A driver of a motor vehicle who causes
an accident or blocks the flow of traffic
while failing to comply with the require-
ments of this code section shall be fined up
to $1,000.00.
• Commercial Motor Vehicles and any other
motor vehicle with more than six wheels is
prohibited from traveling along GA 400 and
interstate routes inside I-285 unless the driver
of such motor vehicle is:
»» Engaging in a pick up or delivery to or
from a shipper located inside the arc of
Interstate 285
»» Traveling to or from such motor vehicle’s
terminal facility located inside the arc of
Interstate 285
»» Traveling to or from a repair facility lo-
cated inside the arc of Interstate 285 for
service; or
»» Traveling to or from his or her residence
which is located inside the arc of Inter-
state 285.
• Cargo theft – GA Code 16-8-22 (a) For pur-
poses of this Code section, the term “vehicle”
includes, without limitation, any railcar.(b)
Notwithstanding any provision of this article
to the contrary, a person commits the offense
of cargo theft when he or she unlawfully takes
or, being in lawful possession thereof, unlaw-
fully appropriates:(1) Any vehicle engaged in
commercial transportation of cargo or any
appurtenance thereto, including, without
limitation, any trailer, semitrailer, container,
or other associated equipment, or the cargo
being transported therein or thereon, which is
the property of another with the intention of
depriving such other person of the property,
regardless of the manner in which the prop-
erty is taken or appropriated; or(2) Any trailer,
semitrailer, container, or other associated
equipment, or the cargo being transported
therein or thereon, which is deployed by or
used by a law enforcement agency, which is
the property of another with the intention of
depriving such other person of the property,
regardless of the manner in which the prop-
erty is taken or appropriated.(c) The value of a
vehicle engaged in commercial transportation
of cargo and any appurtenance thereto and
the cargo being transported which is taken
or unlawfully appropriated shall be based on
the fair market value of such vehicle, appur-
tenances, and cargo taken or unlawfully ap-
propriated.(d) (1) If the property taken is one
or more controlled substances as defined in
Code Section 16-13-21 with a collective value
of less than $10,000.00, a person convicted
of a violation of this Code section shall be
punished by imprisonment for not less than
one nor more than ten years, a fine of not less
than $10,000.00 nor more than $100,000.00, or
both.(2) If the property taken is one or more
controlled substances as defined in Code
Section 16-13-21 with a collective value of
at least $10,000.00 but less than $1 million, a
person convicted of a violation of this Code
section shall be punished by imprisonment
for not less than five nor more than 25 years,
a fine of not less than $50,000.00 nor more
than $1 million, or both.(3) If the property
taken is one or more controlled substances
collective value of $1 million or more, a person
convicted of a violation of this Code section
shall be punished by imprisonment for not
less than ten nor more than 30 years, a fine
of not less than $100,000.00 nor more than $1
million, or both.(e) (1) Except as otherwise
provided in subsection (d) of this Code sec-
tion, if the property taken has a collective
value of $1,500.00 or less, a person convicted
of a violation of this Code section shall be
punished as for a misdemeanor.(2) Except
as otherwise provided in subsection (d) of
this Code section, if the property taken has
a collective value of more than $1,500.00 but
less than $10,000.00, a person convicted of a
violation of this Code section shall be pun-
ished by imprisonment for not less than one
nor more than ten years, a fine of not less than
$10,000.00 nor more than $100,000.00, or both.
(3) Except as otherwise provided in subsection
(d) of this Code section, if the property taken
has a collective value of at least $10,000.00 but
less than $1 million, a person convicted of a
violation of this Code section shall be pun-
ished by imprisonment for not less than five
nor more than 20 years, a fine of not less than
$50,000.00 nor more than $1 million, or both.
(4) Except as otherwise provided in subsection
(d) of this Code section, if the property taken
has a collective value of $1 million or more, a
person convicted of a violation of this Code
section shall be punished by imprisonment
for not less than ten nor more than 20 years,