HB 188 - Driver's license; test requirement; cert exemption
Georgia House of Representatives - 1995/1996 Sessions
HB 188 - Driver's license; test requirement; cert exemption
Page Numbers - 1/ 2/ 3/ 4/ 5
1. Powell 23rd 2. Parham 122nd
House Comm: MotV / Senate Comm: /
House Vote: Yeas Nays Senate Vote: Yeas Nays
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House Action Senate
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1/12/95 Read 1st Time
1/13/95 Read 2nd Time
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Code Sections amended: 40-5-27
HB 188 LC 16 3912
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 5 of Title 40 of the Official Code of
1- 2 Georgia Annotated, relating to drivers' licenses, so as to
1- 3 authorize that certain persons under age 21 who successfully
1- 4 complete driver training and testing from an approved
1- 5 licensed driver training school shall be exempt from certain
1- 6 test requirements for obtaining a driver's license; to
1- 7 provide for exemption of certain persons over age 21 who
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1- 9 licensed driver training school from certain requirements
1-10 for obtaining a driver's license; to provide for contracts
1-11 between approved licensed driver training schools and
1-12 persons seeking exemption from additional testing by the
1-13 Department of Public Safety; to provide for requirements of
1-14 all testing administered by approved licensed driver
1-15 training schools; to provide for records; to provide for
1-16 oversight; to provide for standards for approval of a school
1-17 and for revocation of such approval for failure to comply
1-18 with all requirements; to provide for related matters; to
1-19 repeal conflicting laws; and for other purposes.
1-20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-21 Chapter 5 of Title 40 of the Official Code of Georgia
1-22 Annotated, relating to drivers' licenses, is amended by
1-23 striking subsection (a) of Code Section 40-5-27, relating to
1-24 examination of applicants, in its entirety and inserting in
1-25 lieu thereof a new subsection (a) to read as follows:
1-26 "(a) Except as provided in subsection (d) of this Code
1-27 section, the The department shall examine every applicant
1-28 for a driver's license. Such examination shall include a
1-29 test of the applicant's eyesight, his or her ability to
1-30 understand official traffic-control devices, and his or
1-31 her knowledge of safe driving practices and the traffic
1-32 laws of this state and may include an actual demonstration
1-33 of ability to exercise ordinary and reasonable control in
1-34 the operation of a motor vehicle of the type or general
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LC 16 3912
2- 1 class of vehicles he or she desires a license to drive.
2- 2 The examination may also include such further physical and
2- 3 mental examination as the department finds necessary to
2- 4 determine the applicant's fitness to operate a motor
2- 5 vehicle safely upon the highways. The commissioner may
2- 6 establish by rules and regulations the type of tests or
2- 7 demonstrations to be made by applicants for any class of
2- 8 license."
SECTION 2.
2- 9 Said Code section is further amended by adding at the end
2-10 thereof a new subsection (d) to read as follows:
2-11 "(d)(1)(A) Any person under the age of 21 years who
2-12 possesses a valid instruction permit issued by the
2-13 Department of Public Safety and who successfully
2-14 completes a course of driver training from a driver
2-15 training school licensed pursuant to Chapter 13 of
2-16 Title 43 and approved by the department to administer
2-17 the testing provided for in this subsection, which
2-18 course includes a minimum of 30 class hours of
2-19 instruction and six hours of private in-car training,
2-20 and who successfully completes a 40 minute road test
2-21 administered by a licensed instructor of such school
2-22 shall be exempt from the driving examination required
2-23 by subsection (a) of this Code section for issuance of
2-24 a driver's license. Upon an applicant's successful
2-25 completion of the eyesight examination and submission
2-26 of a certificate of completion of the required course
2-27 and road test examination from an approved licensed
2-28 driver training school, the department shall issue
2-29 such person a driver's license without the requirement
2-30 of further testing. Any person over the age of 21
2-31 years who is exempted from obtaining an instruction
2-32 permit prior to taking a driver training course
2-33 pursuant to Code Section 40-5-21 may, after completion
2-34 of a driver training course from a licensed driver
2-35 training school and successful completion of a 40
2-36 minute road test administered by a licensed instructor
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2-38 department from any additional test of such person's
2-39 actual driving, but such person shall be required to
2-40 successfully complete the written driver's license
2-41 examination and the standard eyesight examination
2-42 administered by the department as a condition of
2-43 obtaining a license. The provisions of this
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LC 16 3912
3- 1 subsection shall not apply to any person who is
3- 2 required to use bioptic lenses as a condition of
3- 3 licensure. Such persons shall continue to be subject
3- 4 to the licensing requirements set forth in subsection
3- 5 (c) of this Code section.
3- 6 (B) The department shall, prior to approving a
3- 7 licensed driving school to conduct road tests as
3- 8 provided for in this subsection, make a determination
3- 9 that the school has been licensed for a minimum of
3-10 five years and has conducted driver education and
3-11 adult education courses on a full-time basis for such
3-12 five-year period and that such school meets all other
3-13 standards which the department may establish as a
3-14 condition for approval to conduct such tests. The
3-15 department shall develop a standardized sample road
3-16 test which shall be used by all approved licensed
3-17 driving schools when administering a road test. A
3-18 road test score sheet shall be prepared by the
3-19 licensed driving instructor administering the road
3-20 test for each individual applicant. The road test
3-21 score sheet shall indicate the applicant's proficiency
3-22 in each of the following: low-speed maneuvers,
3-23 including three point turns and U-turns; parking
3-24 maneuvers, including parallel parking and parking on a
3-25 hill, if available; straight driving, right hand
3-26 turns, and left hand turns in actual traffic
3-27 conditions, including distance judgment, proper lane
3-28 selection, use of mirrors, and signaling; yielding and
3-29 stopping at appropriate traffic lights, signs, and
3-30 road markings; entering, exiting, and proper lane
3-31 changes on highways or interstate highways; knowledge
3-32 of general vehicle instruments and controls; and
3-33 general competency behind the wheel. The road test
3-34 score sheet shall be signed by the licensed driving
3-35 instructor, shall indicate the driving instructor's
3-36 Department of Public Safety certificate number, and
3-37 shall indicate whether the applicant passes or fails
3-38 the road test. It shall be a misdemeanor for a
3-39 licensed driving instructor to falsely certify that an
3-40 applicant has successfully demonstrated the required
3-41 proficiency standard on a road test. Each approved
3-42 licensed driving school shall maintain the road test
3-43 score sheet for a period of three years from the date
3-44 of such test. The licensed driving school instructor
3-45 shall complete for each student who demonstrates the
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LC 16 3912
4- 1 required competency and proficiency on the road test a
4- 2 certificate of road test completion which the student
4- 3 shall submit to the department as provided in
4- 4 subparagraph (A) of this paragraph. The department
4- 5 shall provide the certificates of road test completion
4- 6 to all authorized licensed driving schools, which
4- 7 certificates shall be sequentially numbered, at a cost
4- 8 to be determined by the department which cost shall be
4- 9 set to cover the printing costs of such certificates.
4-10 (2) An approved licensed driving school shall enter into
4-11 a contract with each person seeking a testing exemption
4-12 under paragraph (1) of this subsection. The form of such
4-13 contract shall be approved by the department and each
4-14 contract shall be sequentially numbered and shall
4-15 contain: the licensed name of the driving school; the
4-16 complete address and telephone number of such school;
4-17 the applicant's full name, street address, and telephone
4-18 number; the applicant's date of birth; the applicant's
4-19 learner's permit number and the expiration date or an
4-20 explanation of why the applicant is exempt from the
4-21 requirement of a learner's permit; if the applicant is
4-22 under 21 years of age, the driver's education
4-23 certificate of completion number; the fee for the road
4-24 test service; the fee paid by the applicant to the
4-25 licensed driving school; notice that the applicant may
4-26 take the road test from the approved licensed driving
4-27 school or from the Department of Public Safety; notice
4-28 that no part of the fee for such road test shall be
4-29 refunded unless the failure to conduct such test is
4-30 solely the fault of the driving school; notice that the
4-31 terms of the written agreement are governed by the laws
4-32 of the State of Georgia, that the written agreement
4-33 constitutes the entire contract between the driving
4-34 school and the applicant, and that no verbal statement
4-35 or promise made by any representative of the driving
4-36 school shall be recognized or given effect; notice that
4-37 it is a violation of the laws of the State of Georgia to
4-38 guarantee issuance of a driver's license; and notice
4-39 that the Department of Public Safety is the sole entity
4-40 authorized to issue drivers' licenses in the State of
4-41 Georgia. The contract may serve as the applicant's
4-42 receipt. Each approved licensed driving school shall
4-43 maintain a copy of any such contract for a period of
4-44 three years from the date of such contract. In the event
4-45 that the road test applicant is under 18 years of age
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5- 1 but has completed a teenage driver education program
5- 2 consisting of 30 hours of classroom and six hours of
5- 3 private in-car training, the parent or guardian of such
5- 4 minor may, upon a form approved by the department, give
5- 5 his or her permission for such minor to contract with
5- 6 the approved licensed driving school for the
5- 7 administration of such road test. The permission of
5- 8 such parent or guardian shall be notarized and shall be
5- 9 maintained by the driving school, with the contract, for
5-10 a period of three years.
5-11 (3) The compliance of approved licensed driving schools
5-12 with the requirements of this subsection shall be
5-13 monitored by the department and the department shall
5-14 revoke the approval of any licensed driving school to
5-15 conduct road tests under the provisions of this
5-16 subsection if it determines that such school is not in
5-17 full compliance with all such requirements. The
5-18 department shall be reimbursed by the licensed driving
5-19 school for any testing expenses paid to the driving
5-20 school by the department for an authorized
5-21 representative of the department who completes a road
5-22 test administered by the driving school. Reimbursement
5-23 shall be made within ten calendar days after written
5-24 submission to the driving school of the necessary
5-25 information."
SECTION 2.
5-26 All laws and parts of laws in conflict with this Act are
5-27 repealed.
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97