Georgia House of Representatives - 1995/1996 Sessions

HB 1459 - Driver's license; restricted inst permits; cert minors

Page Numbers - 1/ 2/ 3

Code Sections - 40-5-22

1. Rogers  20th


House Comm: MotV       /                Senate Comm:            /                                   
House Vote: Yeas 71    Nays 72          Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/25/96  Read 1st Time                                                                
              1/26/96  Read 2nd Time                                                                
              2/1/96   Favorably Reported                                                           
              Sub      Committee Amend/Sub                                                          
              2/7/96   Read 3rd Time                                                                
              2/7/96   Lost                                                                         
              2/7/96   Notice to Reconsider                                                         
              2/8/96   Reconsidered                                                                 
              ----------------------------------------                                              
                                                                                                    
Code Sections amended: 40-5-22                                                                      


HB 1459                                           LC 25 0229S






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 2 of Chapter 5 of Title 40 of the Official
  1- 2  Code of Georgia Annotated, relating to issuance, expiration,
  1- 3  and renewal of drivers' licenses, so as to change certain
  1- 4  provisions relating to resident minors possessing a valid
  1- 5  license issued by another state or country; to change
  1- 6  certain provisions relating to the issuance of a restricted
  1- 7  instruction permit to certain minors who have a parent or
  1- 8  guardian who is medically incapable of being licensed to
  1- 9  operate a motor vehicle; to provide for the effect of such
  1-10  provisions of law relating to such minors; to change certain
  1-11  provisions relating to habitual users of alcohol or drugs;
  1-12  to provide for related matters; to repeal conflicting laws;
  1-13  and for other purposes.

  1-14       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-15  Article 2 of Chapter 5 of Title 40 of the Official Code of
  1-16  Georgia Annotated, relating to issuance, expiration, and
  1-17  renewal of drivers' licenses, is amended by striking Code
  1-18  Section 40-5-22, relating to persons not to be licensed, and
  1-19  inserting in lieu thereof a new Code Section 40-5-22 to read
  1-20  as follows:

  1-21    "40-5-22. (Index)

  1-22    (a) The department shall not issue any Class C or Class M
  1-23    driver's license to any person who is under the age of 16
  1-24    years, except that the department may, under subsection
  1-25    (a) of Code Section 40-5-24, issue a Class P instruction
  1-26    permit permitting the operation of a noncommercial Class C
  1-27    vehicle to any person who is at least 15 years of age.  On
  1-28    and after January 1, 1985, the department shall not issue
  1-29    any driver's license to any person under 18 years of age
  1-30    unless such person presents a certificate or other
  1-31    evidence acceptable to the department which indicates
  1-32    satisfactory completion of an alcohol and drug course as
  1-33    prescribed in subsection (b) of Code Section 20-2-142;



                                 -1- (Index)

                                                 LC 25 0229S

  2- 1    provided, however, that a person under 18 years of age who
  2- 2    becomes a resident of this state and who has in his or her
  2- 3    immediate possession a valid license issued to him or her
  2- 4    in another state or country shall not be required to take
  2- 5    or complete the alcohol and drug course.  The department
  2- 6    shall not issue a driver's license or a Class P
  2- 7    instruction permit for the operation of a Class A or B
  2- 8    vehicle or any commercial driver's license to any person
  2- 9    who is under the age of 18 years.

  2-10    (b) Notwithstanding the provisions of subsection (a) of
  2-11    this Code section, any person 14 or 15 years of age who
  2-12    has a parent or guardian who either is medically incapable
  2-13    of being licensed to operate a motor vehicle due to visual
  2-14    impairment or has a disability which renders such person
  2-15    medically incapable of operating a motor vehicle safely as
  2-16    provided by Code Section 40-5-35 may apply for and,
  2-17    subject to the approval of the commissioner, may be issued
  2-18    a restricted noncommercial Class P instruction permit for
  2-19    the operation of a noncommercial Class C vehicle.,
  2-20    provided that such applicant must submit proof of
  2-21    completion of a teenage driver education course from a
  2-22    driver training school licensed by the Department of
  2-23    Public Safety in accordance with the provisions of Chapter
  2-24    13 of Title 43, 'The Driver Training School License Act.'
  2-25    Any person so permitted pursuant to this subsection shall
  2-26    be accompanied by such visually impaired or disabled
  2-27    parent or guardian whenever operating a motor vehicle;
  2-28    provided, however, that the permittee may operate a motor
  2-29    vehicle without being accompanied by the impaired or
  2-30    disabled parent or guardian while taking actual in-car
  2-31    training in a training vehicle under the direct personal
  2-32    supervision of a driving instructor when such driving
  2-33    instructor and training vehicle are insured and licensed
  2-34    by the Department of Public Safety in accordance with the
  2-35    provisions of Chapter 13 of Title 43, 'The Driver Training
  2-36    School License Act.'  The provisions of this subsection
  2-37    shall not affect the right of a person 15 years of age to
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  2-39    authorized in Code Section 40-5-24.

  2-40    (c) The department shall not issue any driver's license to
  2-41    nor renew the driver's license of any person:

  2-42      (1) Whose license has been suspended during such
  2-43      suspension, or whose license has been revoked, except as
  2-44      otherwise provided in this chapter;



                                 -2- (Index)

                                                 LC 25 0229S

  3- 1      (2) Whose license is currently under suspension or
  3- 2      revocation in any other jurisdiction upon grounds which
  3- 3      would authorize the suspension or revocation of a
  3- 4      license under this chapter;

  3- 5      (3) Who is a habitual user of alcohol or any drug to a
  3- 6      degree rendering him or her incapable of safely driving
  3- 7      a motor vehicle;

  3- 8      (4) Who has previously been adjudged to be afflicted
  3- 9      with or suffering from any mental disability or disease
  3-10      and who has not at the time of application been restored
  3-11      to competency by the methods provided by law;

  3-12      (5) Who is required by this chapter to take an
  3-13      examination, unless such person shall have successfully
  3-14      passed such examination;

  3-15      (6) Who the commissioner has good cause to believe would
  3-16      not, by reason of physical or mental disability, be able
  3-17      to operate a motor vehicle with safety upon the highway;
  3-18      or

  3-19      (7) Whose license issued by any other jurisdiction is
  3-20      suspended or revoked by such other jurisdiction during
  3-21      the period such license is suspended or revoked by such
  3-22      other jurisdiction."

                         SECTION 2.

  3-23  All laws and parts of laws in conflict with this Act are
  3-24  repealed.




















                                 -3- (Index)