Page 10 - DDS Commercial Driver Manual 2021-2022

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SECTION : INTRODUCTION

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

8 GEORGIA COMMERCIAL DRIVERS MANUAL