Statutes, codes, and regulations
Georgia Administrative Code
Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICESChapter 375-3 - DRIVER LICENSE SERVICES
Subject 375-3-3 - REVOCATION AND SUSPENSION
Rule 375-3-3-.01 - Penalties for Violations of Uniform Rules of the Road

Ga. Comp. R. & Regs. 375-3-3-.01

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Current through Rules and Regulations filed through June 17, 2024
Rule 375-3-3-.01 - Penalties for Violations of Uniform Rules of the Road
(1) The Department shall impose the following penalties upon receipt of a conviction of a violation of any of the listed offenses found within the Uniform Rules of the Road:

Code Section

Offense

Penalty

40-6-2

Failure to Obey Person Directing Traffic

3 points

40-6-6

Emergency Vehicle Violation

3 points

40-6-10

No Insurance

Suspension - O.C.G.A. § 40-5-70

40-6-11

No Proof of Insurance-Motorcycle

3 points

40-6-14

Limits on Sound Volume

3 points

40-6-15

Suspended/Revoked/Cancelled Registration

HV Contributor

40-6-16(b)

"Move Over" Violation

3 points

40-6-16(c)

Improper Passing of a Stationary Utility Service Vehicle

3 points

40-6-16.1

Improper Passing of an Active Sanitation Vehicle

3 points

40-6-17

Use of Traffic-Control Device Preemption Emitter (while operating a motor vehicle)

3 points

40-6-20

Disregard of Traffic Control Device or Signal

3 points

40-6-21

Failure to Obey Traffic Signal or Light

3 points

40-6-23

Failure to Obey Flashing Signal

3 points

40-6-24

Lane Direction Violation

3 points

40-6-26(a)

Tampering with Traffic Signs or Signals (while operating vehicle)

3 points

40-6-26(b)

Operating Vehicle on Closed Roadway

3 points

40-6-40

Improper Lane Usage

3 points

40-6-41

Failure to Yield to Oncoming Traffic

3 points

40-6-42

Improper Passing

3 points

40-6-43

Improper Passing on the Right

3 points

40-6-44

Improper Passing

3 points

40-6-45

Improper Passing on Hill or Curve

4 points

40-6-46

Passing in a No Passing Zone

3 points

40-6-47(b)

Wrong Way on One-Way Road

3 points

40-6-47(c)

Rotary Traffic Island Violation

3 points

40-6-48

Failure to Maintain Lane

3 points

40-6-49

Following Too Closely

3 points

40-6-50

Driving Within Gore or Improper Entry to Controlled Access Highway

3 points

40-6-51

Improper Use of Controlled-Access Road

3 points

40-6-51 (a)(1)

Improper Use of Controlled Access Road

3 points

40-6-51 (a)(2)

Improper Use of Controlled Access Road

3 points

40-6-52

Truck Lane Usage Violation

3 points

40-6-53

Bus or Motorcoach Lane Violation

3 points

40-6-55

Failure to Yield to Bicycle

3 points

40-6-56

Failure to Maintain Safe Distance from Bicycle

3 points

40-6-54

HOV Lane Violation

1 point for 4th +

40-6-70

Failure to Yield at Intersection

3 points

40-6-71

Failure to Yield when Turning Left

3 points

40-6-72

Stop/Yield Sign Violation

3 points

40-6-73

Failure to Yield when Crossing or Entering Road

3 points

40-6-74

Failure to Yield to Emergency Vehicle

3 points

40-6-75

Failure to Yield to Construction Vehicle

3 points

40-6-76

Failure to Yield to Funeral Procession

3 points

40-6-77

Failure to Yield Resulting in Serious Injury

Suspension - O.C.G.A. § 40-5-57.3for 2nd+ in 5 years

40-6-91

Failure to Yield to Pedestrian

3 points

40-6-93

Failure to Exercise Due Care Near Pedestrian

3 points

40-6-94

Failure to Yield to Blind Pedestrian

3 points

40-6-98

Driving Through Safety Zone

3 points

40-6-120

Improper Turning

3 points

40-6-121

Improper U-Turn

3 points

40-6-122

Improper Starting

3 points

40-6-123

Failure to Signal Turn

3 points

40-6-124

Improper Use of Signal

3 points

40-6-125

Improper Use of Hand Signal

3 points

40-6-126

Improper Use of Turn Lane

3 points

40-6-140

Railroad Grade Crossing Violation

3 points

40-6-141

Disregard of Stop Sign at Railroad Grade Crossing

3 points

40-6-142

Failure to Stop at Railroad Grade Crossing

3 points

40-6-143

Improper Movement of Heavy Equipment at Railroad Grade Crossing

3 points

40-6-144

Improper Emerging from Alley, Driveway or Building

3 points

40-6-160

School Bus Speeding Violation

15-18 mph - 2 points

19-23 mph - 3 points

24-33 mph - 4 points

34+ mph - 6 points

40-6-161

School Bus Headlight or Communication Device Violation

3 points

40-6-162

School Bus Signal Violation

3 points

40-6-163

Unlawful Passing of School Bus

6 points

40-6-164

School Bus Disembarking Violation

3 points

40-6-165

School Bus Operation Violation

3 points

40-6-181

Speeding

15-18 mph - 2 points

19-23 mph - 3 points

24-33 mph - 4 points

34+ mph - 6 points

40-6-184

Impeding the Flow of Traffic

3 points

40-6-184(a)

Speed Less than Minimum

3 points

40-6-184(c)

Impeding the Flow of Traffic

3 points

40-6-185

Speeding on Bridge or Structure

15-18 mph - 2 points

19-23 mph - 3 points

24-33 mph - 4 points

34+ mph - 6 points

40-6-186

Racing

HV Contributor

40-6-188

Speeding in Work Zone

15-18 mph - 2 points

19-23 mph - 3 points

24-33 mph - 4 points

34+ mph - 6 points

40-6-205

Obstructing an Intersection

3 points

40-6-240

Improper Backing

3 points

40-6-241(b)

Failure to Exercise Due Care

1st offense - 1 point

2nd offense - 2 points

3rd or subsequent offense - 3 points

40-6-241(c)

Unlawful Use of Wireless Device

1st offense - 1 point

2nd offense - 2 points

3rd or subsequent offense - 3 points

40-6-241(d)

Unlawful Use of Wireless Device

1st offense - 1 point

2nd offense - 2 points

3rd or subsequent offense - 3 points

40-6-242

Driving with Obstructed View

3 points

40-6-244

Allowing Passenger in House Trailer

3 points

40-6-245

Improper Mountain/Canyon Driving

3 points

40-6-246

Coasting

3 points

40-6-247

Improper Following of Emergency Vehicle

3 points

40-6-248

Crossing Fire Hose

3 points

40-6-248.1

Unsecured Load

2 points

40-6-250

Wearing Device Impairing Vision or Hearing

3 points

40-6-251

Laying Drags

3 points

40-6-252

Cruising

3 points

40-6-253

Open Container

2 points

40-6-253.1

Improper Transportation of Infectious Substance

3 points

40-6-254

Unsecured Load

2 points

40-6-270

Hit and Run

HV Contributor

40-6-271

Violation of Duty Upon Striking Unattended Vehicle

3 points

40-6-272

Violation of Duty Upon Striking Fixed Object

3 points

40-6-273

Failure to Report Accident

3 points

40-6-275

Failure to Remove Vehicle From Roadway

3 points

40-6-311

Improper Operation of Motorcycle

3 points

40-6-312

Motorcycle Lane Violation

3 points

40-6-312(e)

Operation of Motorcycle Without Head/Tail Light

3 points

40-6-313

Clinging to Vehicle While on Motorcycle

3 points

40-6-314

Motorcycle Equipment Violation

3 points

40-6-315

Motorcycle Protective Gear Violation

3 points

40-6-326

Operating Personal Assistive Mobility Device While Intoxicated

3 points

40-6-352

Moped Headgear Violation

3 points

40-6-361

Low Speed Vehicle Lane Violation

3 points

40-6-362

Low Speed Vehicle Roadway Violation

3 points

40-6-390

Reckless Driving

4 points

40-6-391

Driving Under the Influence

HV Contributor

40-6-391(1)

Endangering a Child by DUI

HV Contributor

40-6-393(a)

Vehicular Homicide-1st Degree

Suspension - O.C.G.A. § 40-5-63(d)

40-6-393(b)

Vehicular Homicide-1st Degree

HV Contributor

40-6-393(c)

Vehicular Homicide-2nd Degree

HV Contributor

40-6-393(d)

Vehicular Homicide-1st Degree

HV Contributor

40-6-393.1(b)

Feticide by Vehicle-1st Degree

HV Contributor

40-6-393.1(c)

Feticide by Vehicle-2nd Degree

3 points

40-6-394

Serious Injury by Vehicle

Suspension - O.C.G.A. § 40-5-63(d)

40-6-395

Fleeing and Attempting to Elude

HV Contributor

40-6-397

Aggressive Driving

6 points

40-8-76

Child or Youth Restraint Not Properly Used (Under the Age of 8)

1st offense - 1 point

2nd or subsequent offense - 2 points

(2) The assessment of points for any of the aforementioned offenses may result in the suspension of the customer's driver's license pursuant to O.C.G.A. §§ 40-5-57 and /or 40-5-57.1.
(3) Notwithstanding the provisions of paragraph (2), supra, points shall not be assessed if the Department receives notification from the trial court that the points for such offense are to be avoided pursuant to O.C.G.A. § 40-5-57(c)(1)(C) or the customer entered a plea of nolo contendere to the offense.
(a) The aforementioned points avoidance measures are only available to each customer once every five (5) years.
(b) The Department shall treat a plea of nolo contendere as a conviction for purposes of imposing a suspension pursuant to O.C.G.A. § 40-5-57.1for customers under age twenty-one (21) at the time of the conviction.
(4) In addition to the offenses set forth in paragraph 1, points shall also be assessed for upon receipt of convictions for child safety restraint requirements as set forth in O.C.G.A. § 40-8-76.
(5) Notwithstanding the provisions of paragraph 1, supra, no points shall be assessed for an unsecured load that does not result in litter or a safety hazard. Additionally, if the unsecured load that resulted in the litter or safety hazard contained fresh farm produce, no points shall be assessed.
(6) The Department shall impose the penalty set forth in paragraph 1 upon receipt of notice of a conviction for an equivalent offense in another state as if the conviction had been entered by a court in the State of Georgia.
(7) Notwithstanding the provisions of paragraph 1, supra, no points shall be assessed for a conviction imposed by a Georgia court against a non-resident.
(8) The penalty set forth in paragraph 1 shall be assessed for each conviction, including multiple convictions from a single incident.
(9) Any offense identified herein as an HV contributor shall result in a driver's license suspension pursuant to O.C.G.A. §§ 40-5-54 and 40-5-63 or a habitual violator revocation pursuant to O.C.G.A. § 40-5-58depending upon the customer's prior driving record within five years as calculated between or among the dates of the applicable incidents.
(a) As provided in O.C.G.A. §§ 40-5-54, 40-5-63 and 40-5-58, offenses not included in this regulation may also contribute to a license suspension or revocation under said statutes.
(b) In the event that an offense which occurred after a prior offense results in a conviction or is processed before the earlier offense is resolved or processed, the Department shall impose suspensions and/or revocations based upon the order in which the convictions are processed.
(10) Customers convicted of any of the offenses listed herein may be subject to a commercial driving disqualification in addition to the listed penalty.

Ga. Comp. R. & Regs. R. 375-3-3-.01

O.C.G.A. §§ 40-5-4, 40-16-2, 40-16-3, 40-16-4, 40-16-5, 40-5-101.

Original Rule entitled "Moving Traffic Violations Defined" adopted. F. Jan. 9, 2003; eff. Jan. 29, 2003.
Amended: F. Sept. 1, 2004; eff. Sept. 21, 2004.
Repealed: New Rule entitled "Penalties for Violations of Uniform Rules of the Road" adopted. F. Aug. 24, 2010; eff. Sept. 13, 2010.
Amended: F. Mar. 30, 2012; eff. Apr. 19, 2012.
Amended: F. Aug. 20, 2014; eff. Sept. 9, 2014.
Amended: F. Sep. 15, 2015; eff. Oct. 5, 2015.
Amended: F. Apr. 12, 2018; eff. May 2, 2018.
Amended: F. Jan. 13, 2022; eff. Feb. 2, 2022.
Amended: F. June 15, 2023; eff. July 5, 2023.