Title 40, Chapter 5, Section 53
( 40-5-53)
(a) Whenever any person is convicted of any offense for which this
chapter makes mandatory the suspension of the license of such person
by the department, the court in which such conviction is had shall
require the surrender to it of any driver's license then held by the
person so convicted and the court shall thereupon forward the same
to the department, together with the uniform citation form
authorized by Article 1 of Chapter 13 of this title, within ten days
after the conviction. Notwithstanding any other provision of this
title, the department shall retain possession of any suspended
drivers' licenses forwarded to it under this or any other provision
of law if the license's expiration date, as shown on the driver's
license, is one year or more away. The department shall return the
driver's original license upon payment of the applicable
reinstatement fee if such driver applies for and is granted
reinstatement while the original license is in the possession of the
department. No additional fee shall be required for the return of
such original license. The department may destroy a suspended
license if the license's expiration date, as shown on the license,
is less than one year away. (b) Every court in each county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state may transmit the information contained on the uniform citation form by electronic means, provided that the department has first given approval to the reporting court for the electronic reporting method utilized. The department shall pay to the clerk of the court forwarding the report 25¢ for each report required to be forwarded; and notwithstanding any general or local law to the contrary, the clerk shall retain such 25¢ fee as additional compensation. (c) Every court in each county of this state having a population of less than 550,000 according to the United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter or Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial vehicle for which no points are assigned under Code Section 40-5-57, standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state may transmit the information contained on the uniform citation form by electronic means, provided that the department has first given approval to the reporting court for the electronic reporting method utilized. The department shall pay to the clerk of the court forwarding the report 25¢ for each report required to be forwarded; and in those cases where the clerk receiving such 25¢ fee is compensated solely on a fee basis, the clerk shall retain such 25¢ fee as additional compensation. In those cases where the clerk receiving such 25¢ fee is compensated in whole or in part on a salary basis, such fee shall be the property of and shall be paid over to the city or county operating the court, unless expressly provided otherwise in a local law relating to the compensation of such clerk. |