Georgia § 40-5-159 - Violations.

§ 40-5-159. Violations.

Any person who drives a commercial motor vehicle while in violation of the provisions of Code Section 40-5-143 or any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of the provisions of subsection (b) of Code Section 40-5-145 shall be guilty of a felony and, upon conviction thereof, shall be punished as follows: Except as provided for in subsections (d) and (e) of this Code section, by a civil penalty of $2,500.00 for each offense; and By a fine of $5,000.00, imprisonment for not more than 90 days, or both, for each offense. Any employer who reports fraudulent information to the department regarding an employee's employment or experience as required under 49 C.F.R. Part 383 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-5-146 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. Any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of any federal, state, or local law or regulation pertaining to an out-of-service order shall be subject to a civil penalty in an amount not less than $2,750.00 and not to exceed $25,000.00. Any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of any federal, state, or local law or regulation pertaining to railroad grade crossings shall be subject to a civil penalty not to exceed $10,000.00. Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-6-241 shall be subject to a civil penalty not to exceed $2,750.00 in addition to any criminal fines applicable to such violation. Any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of Code Section 40-6-241 shall be subject to a civil penalty not to exceed $11,000.00. (Code 1981, § 40-5-159 , enacted by Ga. L. 1989, p. 519, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 2000, p. 951, § 5-65; Ga. L. 2003, p. 484, § 8; Ga. L. 2006, p. 449, § 20/HB 1253; Ga. L. 2007, p. 117, § 6/HB 419; Ga. L. 2008, p. 171, § 13/HB 1111; Ga. L. 2015, p. 1370, § 5/HB 118; Ga. L. 2018, p. 127, § 7/HB 673.) The 2018 amendment, effective July 1, 2018, substituted "Code Section 40-6-241" for "Code Section 40-6-241.2" twice in subsection (f). Code Commission notes. - Pursuant to Code Section 28-9-5, in 1989, "Part" was substituted for "part" in subsection (b). Editor's notes. - Ga. L. 2018, p. 127, § 1/HB 673, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Hands-Free Georgia Act.'" Law reviews. - For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 139 (2018).