Page 11 - Draft 2023 2024 CDL Manual w Modernization Info
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- SECTION  f: INTRODUCTION


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