Title 40, Chapter 16, Section 2
( 40-16-2)
(a) There is created the Department of Motor Vehicle Safety. The
department shall be the agency primarily responsible for: (1) Administration of the laws and regulations relating to
registration and titling of motor vehicles, as provided for in
Chapters 2 and 3 of Title 40; (2) Administration of the laws and regulations relating to
drivers' licenses, as provided for in Chapter 5 of Title 40; (3) Administration of the laws and regulations relating to proof
of financial responsibility, as provided for in Chapter 9 of Title
40; (4) Enforcement of laws and regulations relating to the size and
the weights of motor vehicles, trailers, and loads as provided for
in Article 2 of Chapter 6 of Title 32; (5) Enforcement of laws and regulations relating to licensing and
fuel tax registration requirements and the reporting of violations
of said requirements to the state revenue commissioner; (6) Administration and enforcement anywhere in the state of laws
and regulations relating to motor carriers, limousine carriers,
and hazardous material carriers as provided for in Chapters 7 and
11 of Title 46; (7) Enforcement of all state laws but only on the following
properties owned or controlled by the Department of Transportation
or the State Road and Tollway Authority: rest areas,
truck-weighing stations or checkpoints, wayside parks, parking
facilities, toll facilities, and any buildings and grounds for
public equipment and personnel used for or engaged in
administration, construction, or maintenance of the public roads
or research pertaining thereto; (8) Enforcement of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers, but only in those situations involving the obstruction or hindrance of enforcement officers designated by the department in their official duties; (9) Directing and controlling traffic on any public road which is
part of the state highway system but only in areas where
maintenance and construction activities are being performed and at
scenes of accidents and emergencies until local police officers or
Georgia State Patrol officers arrive and have the situation under
control; (10) Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes; (11) Enforcement of Code Section 16-11-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part of the state highway system; (12) Enforcement of Code Section 16-7-43, relating to littering public or private property or waters, on any public road which is part of the state highway system; (13) Enforcement of Code Section 16-7-24, relating to interference with government property, on any public road which is part of the state highway system; and (14) Enforcement of any state law when ordered to do so by the
Governor. (b) In performance of the duties specified in subsection (a) of this
Code section, certified law enforcement officers employed by the
department shall: (1) Be authorized to carry firearms; (2) Exercise arrest powers; (3) Have the power to stop, enter upon, and inspect all motor
vehicles using the public highways for purposes of determining
whether such vehicles have complied with and are complying with
this chapter and other laws the administration or enforcement of
which is the responsibility of the department; (4) Have the power to examine the facilities where motor vehicles
are housed or maintained and the books and records of motor
carriers for purposes of determining compliance with this chapter
and other laws the administration or enforcement of which is the
responsibility of the department; and (5) Exercise the powers generally authorized for law enforcement
officers in the performance of the duties specified by this
chapter or otherwise to the extent needed to protect any life or
property when the circumstances demand action. (c) In the performance of its duties, the department shall be
required to comply with all applicable federal laws and rules and
regulations and shall certify that the state is in compliance with
all provisions and requirements of all applicable federal-aid acts
and programs. (d) The commissioner shall authorize enforcement officers of the
department to make use of dogs trained for the purpose of detection
of drugs and controlled substances while such officers are engaged
in the performance of their authorized duties. If such authorized
use of such a dog indicates probable cause to indicate the presence
of contraband, the officer or officers shall in those circumstances
have the full authority of peace officers to enforce the provisions
of Article 2 of Chapter 13 of Title 16, the "Georgia Controlled
Substances Act," and Article 3 of Chapter 13 of Title 16, the
"Dangerous Drug Act"; provided, however, that the department must
immediately notify the local law enforcement agency and district
attorney of the jurisdiction where a seizure is made. |