Rule 375-3-3-.01. Penalties for Violations of Uniform Rules of the Road

1. (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. § 40-5-57.3 for 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 1^st offense - 1 point 2^nd offense - 2 points 3^rd or subsequent offense - 3 points 40-6-241(c) Unlawful Use of Wireless Device 1^st offense - 1 point 2^nd offense - 2 points 3^rd or subsequent offense - 3 points 40-6-241(d) Unlawful Use of Wireless Device 1^st offense - 1 point 2^nd offense - 2 points 3^rd 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 2^nd or subsequent offense - 2 points

2. (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. (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.

   1. (a) The aforementioned points avoidance measures are only available to each customer once every five (5) years.
   2. (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. § 40-5-57.1 for customers under age twenty-one (21) at the time of the conviction.
4. (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. (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. (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. (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. (8) The penalty set forth in paragraph 1 shall be assessed for each conviction, including multiple convictions from a single incident.

9. (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. § 40-5-58 depending upon the customer's prior driving record within five years as calculated between or among the dates of the applicable incidents.

   1. (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.
   2. (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. (10) Customers convicted of any of the offenses listed herein may be subject to a commercial driving disqualification in addition to the listed penalty.

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

History. 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.