Rules and Regulations

Rules and Regulations for Chapter 375-2-3

375-2-3-.03 Affidavit of Need for the Issuance of a Special License Plate After Multiple Convictions for Driving Under the Influence.

(1)  A person who has surrendered the license plates for all of the vehicles registered in his or her name as required by O.C.G.A. §40-2-136(a) following a second or subsequent conviction for Driving Under the Influence within five (5) years may apply to the Commissioner for authorization to obtain a special license plate.   

(2)  Said application shall be made in the form approved by the Department.

(3)  The applicant for a special license plate must provide the Department with a written acknowledgement or receipt from the court or local tag agent to whom the previously issued license plates have been surrendered.

(4)  The applicant for a special license plate must provide the name, date of birth and driver’s license number of another member of such person's household who possesses a valid driver's license.  To be considered a member of the same household, the driver’s license records of the Department must reflect that both the applicant and the other person have provided proof of residency at the same street address.  The application for a special license plate will be denied if no other member of the applicant’s household possesses a valid driver’s license.

(5)  The proof of insurance requirements of O.C.G.A. §40-6-10 notwithstanding, the applicant for a special license plate must provide the name of his or her insurance company, the policy number assigned for the vehicle and the period of coverage for the insurance policy. 

(6)  In order to be eligible for the issuance of a special license plate, the co-owner of the vehicle or a member of the applicant’s family, other than the applicant, must be completely dependent upon the motor vehicle for the necessities of life and subjected to undue hardship without the issuance of a special license plate. 

(7)  No applicant shall be eligible for the issuance of more than one (1) special license plate for each additional driver named in an application.

(8)  The Commissioner or his designee shall make a written determination as to whether the application for a special license plate is approved or denied within five (5) business days of the receipt of the application by the Department. 

(9)  A local tag agent shall not issue a special license plate without receiving the written approval of the Commissioner.

(10)  Upon approval of an application for a special license plate, the applicant shall present the original approved application to his or her local tag agent.  He or she shall pay a fee of $20.00. 

(11) Any person aggrieved by a decision of the Commissioner or his designee in the approval or denial of an application for a special license plate may make a request in writing to the Department for a hearing. Said request shall be forwarded for scheduling to the Office of State Administrative Hearings. Such hearing shall follow the procedures required by O.C.G.A. § 50-13-1, et seq., the "Georgia Administrative Procedure Act."

 

Authority: 40-2-136
Filed Date: 9/1/2004
Effective Date: 9/21/2004