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Georgia State Code
Title      40
Chapter       5  
Section Navigation     1 ... 21       21.1 ... 28.1  
    29 ... 51         52 ... 58    
    59 ... 67         67.1 ... 75    
    80 ... 86         87 ... 121   
   122 ... 145       146 ... 154   
   155 ... 174       175 ... 179     
Section<<< 67.1 67.2 68 69 70 71 72 73 74 75 >>>  
Title 40, Chapter 5, Section 71 (40-5-71)

(a) As used in this Code section, the term:

(1) "Commercial vehicle policy" means a policy of motor vehicle liability insurance insuring a motor vehicle that is rated or insured as a business use or commercial use vehicle or is licensed by the state as a commercial vehicle, except that such term shall not include any policy issued to a named insured who is a natural person.

(2) "Terminate" or "termination" means actual cessation of insurance coverage for any reason, including without limitation cancellation, nonrenewal, or nonpayment of premium, and without regard to whether such cessation was preceded by any extension or grace period allowed by the insurer.

(a.1)(1)(A) For purposes of aiding in the enforcement of the requirement of minimum motor vehicle liability insurance, any insurer issuing or renewing in this state any policy of motor vehicle liability insurance required by Chapter 34 of Title 33 shall within 30 days after the date the insurance agent binds the coverage or on the date such coverage was renewed, whichever is applicable, provide notice of such insurance coverage by electronic transmission to the Department of Motor Vehicle Safety; except that once coverage data has been electronically transmitted to the Department of Motor Vehicle Safety, there shall be no requirement to report on subsequent renewals of that coverage. Insurance coverage information included in such notice of issue or renewal shall be limited exclusively to vehicle identification number and policy effective date. The department shall not require the name of the insurer or the policy limits to be disclosed for purposes of this subparagraph.

(B) In cases in which the minimum motor vehicle insurance coverage required by Chapter 34 of Title 33 terminates, the insurer shall by electronic transmission notify the department of such coverage termination on or before the date coverage ends. Insurance coverage termination information included in such notice shall include vehicle identification number and the date of coverage termination.

(C) The commissioner of motor vehicle safety shall notify the Commissioner of Insurance quarterly of any and all violations of the notice requirements of this paragraph by any insurer, and the Commissioner of Insurance may take appropriate action against such insurer the same as is authorized by Code Section 33-2-24 for violations of Title 33; provided, however, that there shall be no private cause of action against an insurer for civil damages for providing information, failing to provide information, or erroneously providing information pursuant to this Code section. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base.

(2) The Department of Motor Vehicle Safety shall prescribe the form and manner of electronic transmission for the purposes of insurers sending the notices required by this Code section which shall in no way be construed as modifying the provisions of Code Section 33-24-45.

(3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the Department of Motor Vehicle Safety required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation.

(4) The provisions of this subsection shall not apply to any commercial vehicle policy.

(b)(1) After receipt of notification of coverage termination, if the department does not on or before the effective date of such termination receive notice from an insurer that new minimum insurance coverage for such motor vehicle has been issued, the department shall send a notice to the owner of the motor vehicle stating that the department has been informed of the fact of the coverage termination and informing such owner of the penalties outlined in this Code section.

(2) Upon receipt of the department's notice, it shall be the duty of the owner of such motor vehicle to respond on the form provided by the department and to provide proof that minimum insurance coverage has been obtained or is no longer required and to provide any other information relating to such insurance coverage requested by the department.

(3) The owner shall furnish such information to the department within 30 days of the date on which the notification was mailed by the department.

(c)(1) If the owner responds within the specified time period and indicates that minimum insurance coverage is in effect, but there has been a lapse of coverage, the owner shall remit a $25.00 lapse fee to the department with the form providing proof of minimum insurance coverage. Supplying the form in this case without the lapse fee will result in suspension of the driver's license as if the form had not been returned in a timely manner as provided in paragraph (3) of this subsection.

(2) If the owner responds within the specified time period and does not indicate that minimum insurance coverage is in effect or is no longer required, the owner's driver's license shall be suspended immediately by the department. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having minimum insurance coverage, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail, the suspension shall terminate, and the department shall return the driver's license to the owner of the motor vehicle.

(3) If the owner does not respond within the specified time period, the department shall suspend the owner's driver's license. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail, the suspension period shall terminate and the department shall return the driver's license to the owner of the motor vehicle; provided, however, that for any owner whose driver's license has been suspended pursuant to this paragraph who provides satisfactory proof of continuous minimum insurance coverage, the commissioner may waive the lapse fee and the restoration fee, and the owner shall not be deemed to have violated Code Section 40-5-121.

(4) In the event of a second or subsequent offense under this Code section during any five-year period, the department shall suspend the driver's license for a period of 90 days. Upon demand of the department, the owner shall forward the driver's license to the department. After the 90 day suspension period and when the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail to the department, the suspension shall terminate, and the department shall return the driver's license to the owner of the motor vehicle.

(d) A person whose driver's license has been suspended pursuant to Code Section 40-5-70, 40-5-54.1, or this Code section or as a result of a conviction under Code Section 40-6-10 may apply to the department for a restricted driving permit as provided in this Code section. A person whose driver's license was surrendered may apply to the department for a restricted driving permit immediately following the conviction or suspension.

(e) Applications for restricted driving permits shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such permit. All applications shall be signed by the applicant and the applicant's employer before a person authorized to administer oaths.

(f)(1) The department shall issue a restricted driving permit if the application indicates that refusal to issue such permit would result in the person's loss of employment or extreme hardship to the applicant. For the purposes of this subsection, the term "extreme hardship" means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:

(A) Going to the applicant's place of employment or performing the normal duties of his or her occupation;

(B) Receiving scheduled medical care or obtaining prescription drugs; or

(C) Attending a college or school at which the applicant is regularly enrolled as a student.

(2) A restricted driving permit shall be endorsed with such conditions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions:

(A) Specific places between which the permittee may be allowed to operate a motor vehicle;

(B) Routes to be followed by the permittee;

(C) Times of travel; (D) The specific vehicles which the permittee may operate;

(E) There is in force a policy of liability insurance covering the driver of the vehicle; and

(F) Such other conditions as the department may require.

(g) A permit issued pursuant to this Code section shall be issued for a period of 90 days from the effective date of the suspension and shall be nonrenewable.

(h) No official or employee of the department shall be criminally or civilly liable or subject to being held in contempt of court for issuing a restricted driving permit in reliance on the truth of the affidavits required by this Code section.

(i) Any permittee who is convicted of violating any provision relating to the requirement of maintaining minimum motor vehicle insurance coverage or is convicted of any other traffic offense for which the department may suspend a driver's license or any permittee who is convicted of violating the conditions endorsed on his permit shall have his permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose restricted driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. The department may impose an additional period of suspension for the conviction upon which revocation of the permit was based.

(j) Any person whose permit has been revoked, or who has been refused a permit by the department, may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Appeal from such hearing shall be in accordance with said chapter.

(k) The commissioner may promulgate such rules and regulations as are necessary to implement this Code section.

Saturday May 23 12:11 EDT


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