SB 79 - Auto Lic. Plate Impound- ment - habitual violators
Georgia Senate - 1995/1996 Sessions
SB 79 - Auto Lic. Plate Impound- ment - habitual violators
1. Taylor 12th 2. Brown 26th 3. Middleton 50th
Senate Comm: Judy / House Comm: SJudy /
Senate Vote: Yeas 54 Nays 0
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Senate Action House
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1/12/95 Read 1st time 2/6/95
2/1/95 Favorably Reported 3/14/95
Sub Committee Amend/Sub Sub
2/2/95 Read 2nd Time 2/7/95
Committed 3/17/95
2/3/95 Read 3rd Time
2/3/95 Passed/Adopted
CS/FA Comm/Floor Amend/Sub
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Code Sections amended: 40-5-67, 40-5-67.1, 40-6-255, 40-6-391, 40-6-391.1,
40-8-76.1
SB 79 LC 22 1784S
The House Committee on Special Judiciary offers the
following substitute to SB 79:
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 40 of the Official Code of Georgia Annotated,
1- 2 relating to motor vehicles and traffic, so as to change
1- 3 certain provisions of the implied consent law; to change
1- 4 certain provisions regarding suspension of a driver's
1- 5 license for refusal of testing to determine the presence of
1- 6 alcohol or drugs; to change certain provisions regarding the
1- 7 periods of suspension for driving under the influence of
1- 8 alcohol or drugs; to provide for the impoundment of license
1- 9 plates of habitual violators; to provide for the issuance of
1-10 special license plates; to provide for procedures; to
1-11 provide for hearings; to provide for fees for the issuance
1-12 of special license plates; to provide for restrictions on
1-13 the sale of certain motor vehicles; to prohibit the
1-14 operation of a vehicle by a person under age 17 between
1-15 certain hours; to provide for exceptions; to provide for a
1-16 mandatory minimum term of imprisonment for persons convicted
1-17 of driving under the influence of alcohol or drugs; to
1-18 provide for zero tolerance for persons under age 18; to
1-19 change certain provisions relative to driving under the
1-20 influence with regard to persons between the ages of 18 and
1-21 21; to change certain provisions regarding acceptance of a
1-22 plea of nolo contendere to a charge of driving under the
1-23 influence of alcohol or drugs; to change certain provisions
1-24 regarding the chemical tests used to determine the presence
1-25 of alcohol or drugs in the blood; to provide that all
1-26 passengers in any vehicle operated by a person under age 18
1-27 must wear seatbelts; to provide for exceptions; to provide
1-28 for penalties; to provide for related matters; to provide
1-29 for an effective date; to provide for applicability; to
1-30 repeal conflicting laws; and for other purposes.
1-31 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-32 Title 40 of the Official Code of Georgia Annotated, relating
1-33 to motor vehicles and traffic, is amended by striking
1-34 subsection (a) of Code Section 40-5-55, relating to the
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LC 22 1784S
2- 1 implied consent to chemical tests, in its entirety and
2- 2 inserting in lieu thereof a new subsection (a) to read as
2- 3 follows:
2- 4 "(a) The State of Georgia considers that the persons who
2- 5 are under the influence of alcohol or drugs while
2- 6 operating a motor vehicle or who have a blood an alcohol
2- 7 concentration of 0.10 grams or more at any time within
2- 8 three hours after operating a motor vehicle from alcohol
2- 9 consumed before such driving or actual physical control
2-10 ended or who have any amount of marijuana or any
2-11 controlled substance without prescription present in their
2-12 blood or urine, without regard to the presence of alcohol,
2-13 while operating a motor vehicle constitute a direct and
2-14 immediate threat to the welfare and safety of the general
2-15 public. Therefore, any person who operates a motor
2-16 vehicle upon the highways or elsewhere throughout this
2-17 state shall be deemed to have given consent, subject to
2-18 Code Section 40-6-392, to a chemical test or tests of his
2-19 or her blood, breath, urine, or other bodily substances
2-20 for the purpose of determining the presence of alcohol or
2-21 any other drug, if arrested for any offense arising out of
2-22 acts alleged to have been committed in violation of Code
2-23 Section 40-6-391 or if such person is involved in any
2-24 traffic accident resulting in serious injuries or
2-25 fatalities. The test or tests shall be administered at
2-26 the request of a law enforcement officer having reasonable
2-27 grounds to believe that the person has been driving or was
2-28 in actual physical control of a moving motor vehicle upon
2-29 the highways or elsewhere throughout this state in
2-30 violation of Code Section 40-6-391. The test or tests
2-31 shall be administered as soon as possible to any person
2-32 who operates a motor vehicle upon the highways or
2-33 elsewhere throughout this state who is involved in any
2-34 traffic accident resulting in serious injuries or
2-35 fatalities. Subject to Code Section 40-6-392, the
2-36 requesting law enforcement officer shall designate which
2-37 of the test or tests shall be administered, provided a
2-38 blood test with drug screen may be administered to any
2-39 person operating a motor vehicle involved in a traffic
2-40 accident resulting in serious injuries or fatalities."
SECTION 2.
2-41 Said title is further amended by striking Code Section
2-42 40-5-67, relating to seizure and disposition of drivers'
2-43 licenses of persons charged with driving under the
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LC 22 1784S
3- 1 influence, issuance of temporary driving permits, and
3- 2 disposition of cases, in its entirety and inserting in lieu
3- 3 thereof the following:
3- 4 "40-5-67. (Index)
3- 5 (a) Whenever any resident or nonresident person is charged
3- 6 with violating Code Section 40-6-391, the law enforcement
3- 7 officer shall take the driver's license of the person so
3- 8 charged. The driver's license shall be attached to the
3- 9 court's copy of the uniform traffic citation and complaint
3-10 form and shall be forwarded to the court having
3-11 jurisdiction of the offense. A copy of the uniform
3-12 traffic citation and complaint form shall be forwarded,
3-13 within ten days of issue, to the Department of Public
3-14 Safety. Taking the driver's license as required in this
3-15 Code section shall not prohibit any law enforcement
3-16 officer or agency from requiring any cash bond authorized
3-17 by Article 1 of Chapter 6 of Title 17.
3-18 (b) At the time the law enforcement officer takes the
3-19 driver's license, the officer shall issue a temporary
3-20 driving permit to the person as follows:
3-21 (1) If the driver refuses to submit to a test or tests
3-22 to determine the presence of alcohol or drugs as
3-23 required in Code Section 40-5-55, the officer shall
3-24 issue a 30 day temporary driving permit;
3-25 (2) If the driver's license is required to be suspended
3-26 under Code Section 40-5-67.1, the officer shall issue a
3-27 30 day temporary driving permit; or
3-28 (3) If the test or tests administered pursuant to Code
3-29 Section 40-5-55 indicate a blood an alcohol
3-30 concentration in violation of Code Section 40-6-391 but
3-31 less than the level for an administrative suspension of
3-32 the license under subsection (c) of Code Section
3-33 40-5-67.1, the officer shall issue a 180 day temporary
3-34 driving permit.
3-35 This temporary driving permit shall be valid for the
3-36 stated period or until the person's driving privilege is
3-37 suspended or revoked under any provision of this title.
3-38 The Department of Public Safety, at its sole discretion,
3-39 may delay the expiration date of the temporary driving
3-40 permit, but in no event shall this delay extend beyond the
3-41 date when such person's driving privilege is suspended or
3-42 revoked under any provision of this title. The department
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LC 22 1784S
4- 1 shall by rules and regulations establish the conditions
4- 2 under which the expiration of the temporary permit may be
4- 3 delayed.
4- 4 (c)(1) If the person is convicted of violating Code
4- 5 Section 40-6-391, the court shall, within ten days,
4- 6 forward the person's driver's license and the record of
4- 7 the disposition of the case to the Department of Public
4- 8 Safety. At this time, the court shall also require the
4- 9 person to surrender the temporary driving permit issued
4-10 pursuant to subsection (b) of this Code section.
4-11 (2)(A) If the person is convicted of violating Code
4-12 Section 40-6-391 and the person's driver's license is
4-13 suspended or revoked pursuant to Code Section 40-5-58,
4-14 the court shall issue an order requiring that the
4-15 license plate of the motor vehicle which such person
4-16 was operating at the time of violating Code Section
4-17 40-6-391 be surrendered to the court, provided that
4-18 such motor vehicle was registered in such person's
4-19 name. The court shall notify the commissioner of
4-20 public safety and the commissioner of revenue within
4-21 ten days after issuing the order. The court shall
4-22 issue a receipt for the surrendered license plate.
4-23 The court shall forward the surrendered license plate
4-24 to the local tag agent immediately upon receipt.
4-25 (B) Except as provided in subparagraph (C) of this
4-26 paragraph, no new license plate may be issued to a
4-27 person subject to a court order issued pursuant to
4-28 subparagraph (A) of this paragraph until the driver's
4-29 license of such person has been reissued or reinstated
4-30 and, except as provided in subparagraph (C) of this
4-31 paragraph, it shall be a misdemeanor for such person
4-32 to request a new license plate.
4-33 (C)(i) A person who is subject to a court order
4-34 issued pursuant to subparagraph (A) of this
4-35 paragraph may apply to the commissioner of public
4-36 safety for authorization to obtain a new license
4-37 plate bearing a special series of numbers and
4-38 letters so as to be identifiable by law enforcement
4-39 officers. The commissioner of public safety shall
4-40 expeditiously determine whether the applicant has a
4-41 valid limited driving permit or probationary license
4-42 or whether there is another member of such person's
4-43 household who possesses a valid driver's license,
4-44 and in no event shall such determination take more
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LC 22 1784S
5- 1 than three business days. The commissioner of
5- 2 public safety shall immediately forward such
5- 3 determination to the appropriate local tag agent,
5- 4 along with an approval or disapproval for the
5- 5 issuance of the special license tag. Upon receipt
5- 6 of an approval, the appropriate local tag agent
5- 7 shall issue the special license plate upon payment
5- 8 by the applicant of a $20.00 fee for such special
5- 9 license plate and compliance by the applicant with
5-10 all applicable state laws.
5-11 (ii) A motor vehicle owned or leased by a person
5-12 subject to a court order issued pursuant to
5-13 subparagraph (A) of this paragraph or for which a
5-14 license plate has been issued pursuant to division
5-15 (i) of this subparagraph may not be sold or conveyed
5-16 unless the commissioner of revenue determines, upon
5-17 receipt of a proper application, that the proposed
5-18 sale or conveyance is in good faith, that the person
5-19 subject to such court order will be deprived of
5-20 custody and control of the motor vehicle, and that
5-21 the sale or conveyance is not for the purpose of
5-22 circumventing the provisions of this Code section.
5-23 Upon making such determination, the commissioner
5-24 shall transfer the certificate of title to such
5-25 vehicle and issue a new certificate of registration
5-26 and license plate.
5-27 (iii) If the title to a motor vehicle owned by a
5-28 person subject to a court order issued pursuant to
5-29 subparagraph (A) of this paragraph or for which a
5-30 license plate has been issued pursuant to division
5-31 (i) of this subparagraph is transferred by the
5-32 foreclosure, cancellation of a conditional sales
5-33 contract, sale upon execution, or order of a court
5-34 of competent jurisdiction, the commissioner of
5-35 revenue shall transfer the certificate of title as
5-36 provided in Code Section 40-3-34 and issue a new
5-37 license plate to the new registered owner.
5-38 (iv) Upon full restoration of the driving privileges
5-39 of a person subject to a court order under
5-40 subparagraph (A) of this paragraph, the commissioner
5-41 of public safety shall authorize the person to apply
5-42 for a regular issue license plate. The cost of a
5-43 regular issue license plate shall be $20.00. As a
5-44 condition of obtaining any regular issue license
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LC 22 1784S
6- 1 plate, the person shall surrender his or her special
6- 2 issue license plate to the local tag agent.
6- 3 (v) Nothing in this Code section shall be deemed to
6- 4 waive any lawful requirement for the issuance of a
6- 5 license plate including, but not limited to, proof
6- 6 of financial responsibility.
6- 7 (vi) Display of a license plate issued pursuant to
6- 8 division (i) of this subparagraph shall not
6- 9 constitute probable cause for stopping or detaining
6-10 a vehicle.
6-11 (vii) Any person aggrieved by a decision of the
6-12 commissioner pursuant to division (i) of this
6-13 subparagraph may make a request in writing to the
6-14 office of state administrative hearings for a
6-15 hearing. Such hearing shall follow the procedures
6-16 required by Chapter 13 of Title 50, the 'Georgia
6-17 Administrative Procedure Act.'
6-18 (2)(3) If the person is not convicted of violating Code
6-19 Section 40-6-391, and the court is in possession of the
6-20 driver's license, the court shall return the driver's
6-21 license to the person unless the license is in
6-22 suspension for any other offense, in which case the
6-23 court shall forward the license to the Department of
6-24 Public Safety for disposition."
SECTION 3.
6-25 Said title is further amended by striking subsections (b),
6-26 (c), and (g) of Code Section 40-5-67.1, relating to the
6-27 administration of chemical tests to determine whether a
6-28 person is driving under the influence of alcohol or drugs,
6-29 in their entirety and inserting in lieu thereof new
6-30 subsections (b), (c), (d), and (g) to read as follows:
6-31 "(b) At the time a chemical test or tests are requested,
6-32 the person shall be informed by the arresting officer
6-33 that: At the time a chemical test or tests are requested,
6-34 the arresting officer shall select and read to the person
6-35 the appropriate implied consent warning from the
6-36 following:
6-37 (1) Georgia law requires the person to submit to a test
6-38 to determine if the person is under the influence of
6-39 alcohol or other drugs; Implied consent notice for
6-40 suspects under age 18:
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LC 22 1784S
7- 1 'Georgia law requires you to submit to state
7- 2 administered chemical tests of your blood, breath,
7- 3 urine, or other bodily substances for the purpose of
7- 4 determining if you are under the influence of alcohol
7- 5 or drugs. If you refuse this testing, your driver's
7- 6 license or privilege to drive will be suspended until
7- 7 age 21. Your refusal to submit to the required
7- 8 testing may be offered into evidence against you at
7- 9 trial. If you submit to testing and the results
7-10 indicate an alcohol concentration exceeding 0.00
7-11 grams, your driver's license will be suspended until
7-12 age 21. Only after first submitting to the required
7-13 state tests will you be entitled to any additional
7-14 chemical tests of your blood, breath, urine, or other
7-15 bodily substances at your own expense and from
7-16 qualified personnel of your own choosing. Will you
7-17 submit to the state administered chemical tests of
7-18 your (designate which tests) under the implied consent
7-19 law?'
7-20 (2) Implied consent notice for suspects at least age 18
7-21 but under age 21:
7-22 'Georgia law requires you to submit to state
7-23 administered chemical tests of your blood, breath,
7-24 urine, or other bodily substances for the purpose of
7-25 determining if you are under the influence of alcohol
7-26 or drugs. If you refuse this testing, your driver's
7-27 license or privilege to drive will be suspended for a
7-28 period of one year or until age 21, whichever is
7-29 longer. Your refusal to submit to the required
7-30 testing may be offered into evidence against you at
7-31 trial. If you submit to testing and the results
7-32 indicate an alcohol concentration of 0.04 grams or
7-33 more, your driver's license will be suspended for a
7-34 minimum period of one year or until age 21, whichever
7-35 is longer. Only after first submitting to the
7-36 required state tests will you be entitled to any
7-37 additional chemical tests of your blood, breath,
7-38 urine, or other bodily substances at your own expense
7-39 and from qualified personnel of your own choosing.
7-40 Will you submit to the state administered chemical
7-41 tests of your (designate which tests) under the
7-42 implied consent law?'
7-43 (2)(3) If the testing is refused, the person's driver's
7-44 license or right to drive will be suspended for a period
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LC 22 1784S
8- 1 of one year or, if the person is under age 18, for a
8- 2 period of one year or until the age of 18, whichever is
8- 3 greater, or, if the vehicle is a commercial vehicle, the
8- 4 person will be disqualified from operating a commercial
8- 5 motor vehicle for a minimum period of one year; Implied
8- 6 consent notice for commercial driver suspects:
8- 7 'Georgia law requires you to submit to state
8- 8 administered chemical tests of your blood, breath,
8- 9 urine, or other bodily substances for the purpose of
8-10 determining if you are under the influence of alcohol
8-11 or drugs. If you refuse this testing, you will be
8-12 disqualified from operating a commercial motor vehicle
8-13 for a minimum period of one year. Your refusal to
8-14 submit to the required testing may be offered into
8-15 evidence against you at trial. If you submit to
8-16 testing and the results indicate the presence of any
8-17 alcohol, you will be issued an out-of-service order
8-18 and will be prohibited from operating a motor vehicle
8-19 for 24 hours. If the results indicate an alcohol
8-20 concentration of 0.04 grams or more, you will be
8-21 disqualified from operating a commercial motor vehicle
8-22 for a minimum period of one year. Only after first
8-23 submitting to the required state tests will you be
8-24 entitled to any additional chemical tests of your
8-25 blood, breath, urine, or other bodily substances at
8-26 your own expense and from qualified personnel of your
8-27 own choosing. Will you submit to the state
8-28 administered chemical tests of your (designate which
8-29 tests) under the implied consent law?'
8-30 (3)(4) If a test is performed and the results indicate a
8-31 blood alcohol concentration of 0.10 grams or more, the
8-32 driver's license or right to drive may be suspended for
8-33 a minimum period of one year or, for a person under the
8-34 age of 18, a blood alcohol concentration of 0.04 grams
8-35 or more, the person's driver's license or right to drive
8-36 will be suspended for a minimum period of one year or
8-37 until the age of 18, whichever is greater, and if the
8-38 vehicle was a commercial motor vehicle and the test
8-39 results indicate the presence of any alcohol, the person
8-40 will be issued an out-of-service order and will be
8-41 prohibited from operating a motor vehicle for 24 hours,
8-42 and if the results indicate a blood alcohol
8-43 concentration of 0.04 grams or more, the person will be
8-44 disqualified from operating a commercial motor vehicle
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LC 22 1784S
9- 1 for a minimum period of one year; Implied consent notice
9- 2 for suspects with out-of-state drivers' licenses:
9- 3 'Georgia law requires you to submit to state
9- 4 administered chemical tests of your blood, breath,
9- 5 urine, or other bodily substances for the purpose of
9- 6 determining if you are under the influence of alcohol
9- 7 or drugs. If you refuse this testing, your privilege
9- 8 of driving a motor vehicle on the highways of this
9- 9 state will be suspended for a period of one year.
9-10 Your refusal to submit to the required testing may be
9-11 offered into evidence against you at trial. If you
9-12 submit to testing and the results indicate an alcohol
9-13 concentration of 0.10 grams or more, your privilege of
9-14 driving a motor vehicle on the highways of this state
9-15 may be suspended for a minimum period of one year.
9-16 Only after first submitting to the required state
9-17 tests will you be entitled to any additional chemical
9-18 tests of your blood, breath, urine, or other bodily
9-19 substances at your own expense and from qualified
9-20 personnel of your own choosing. Will you submit to
9-21 the state administered chemical tests of your
9-22 (designate which tests) under the implied consent
9-23 law?'
9-24 (4)(5) After submitting to the required testing, the
9-25 person shall be entitled to obtain an additional test or
9-26 tests at the expense of such person; and Implied consent
9-27 notice for all other suspects:
9-28 'Georgia law requires you to submit to state
9-29 administered chemical tests of your blood, breath,
9-30 urine, or other bodily substances for the purpose of
9-31 determining if you are under the influence of alcohol
9-32 or drugs. If you refuse this testing, your driver's
9-33 license or privilege to drive will be suspended for a
9-34 period of one year. Your refusal to submit to the
9-35 required testing may be offered into evidence against
9-36 you at trial. If you submit to testing and the
9-37 results indicate an alcohol concentration of 0.10
9-38 grams or more, your driver's license may be suspended
9-39 for a minimum period of one year. Only after first
9-40 submitting to the required state tests will you be
9-41 entitled to any additional chemical tests of your
9-42 blood, breath, urine, or other bodily substances at
9-43 your own expense and from qualified personnel of your
9-44 own choosing. Will you submit to the state
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LC 22 1784S
10- 1 administered chemical tests of your (designate which
10- 2 tests) under the implied consent law?' (5) The refusal to submit to a test may be offered into
10- 4 evidence against the person at trial.
10- 5 Failure to provide any notice required under this
10- 6 subsection shall not invalidate the suspension pursuant to
10- 7 this Code section of any driver's license. If any such
10- 8 notice is used by a law enforcement officer to advise a
10- 9 person of his or her rights regarding the administration
10-10 of chemical testing, such person shall be deemed to have
10-11 been properly advised of his or her rights and the results
10-12 of any chemical test, or the refusal to submit to a test,
10-13 shall be admitted into evidence against such person.
10-14 (c) If a person under arrest or a person who was involved
10-15 in any traffic accident resulting in serious injuries or
10-16 fatalities submits to a chemical test upon the request of
10-17 a law enforcement officer and the test results indicate
10-18 that a suspension or disqualification is required under
10-19 this Code section, the results shall be reported to the
10-20 department. Upon the receipt of a sworn report of the law
10-21 enforcement officer that the officer had reasonable
10-22 grounds to believe the arrested person had been driving or
10-23 was in actual physical control of a moving motor vehicle
10-24 upon the highway or elsewhere throughout this state in
10-25 violation of Code Section 40-6-391 or that such person had
10-26 been driving or was in actual physical control of a moving
10-27 motor vehicle upon the highways or elsewhere throughout
10-28 this state and was involved in a traffic accident
10-29 involving serious injuries or fatalities and that the
10-30 person submitted to a chemical test at the request of the
10-31 law enforcement officer and the test results indicate, for
10-32 a person at least age 21, either a blood an alcohol
10-33 concentration of 0.10 grams or more; for a person at least
10-34 age 18 but under age 21, an alcohol concentration of 0.04
10-35 grams or more; or, for a person under the age of 18, a
10-36 blood an alcohol concentration of 0.04 grams or more
10-37 exceeding 0.00 grams, the department shall suspend the
10-38 person's driver's license, permit, or nonresident
10-39 operating privilege pursuant to Code Section 40-5-67.2,
10-40 subject to review as provided for in this chapter. Upon
10-41 the receipt of a sworn report of the law enforcement
10-42 officer that the arrested person had been operating or was
10-43 in actual physical control of a moving commercial motor
10-44 vehicle and the test results indicate a blood an alcohol
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LC 22 1784S
11- 1 concentration of 0.04 grams or more, the department shall
11- 2 disqualify the person from operating a motor vehicle for a
11- 3 minimum period of one year.
11- 4 (d) If a person under arrest or a person who was involved
11- 5 in any traffic accident resulting in serious injuries or
11- 6 fatalities refuses, upon the request of a law enforcement
11- 7 officer, to submit to a chemical test designated by the
11- 8 law enforcement officer as provided in subsection (a) of
11- 9 this Code section, no test shall be given; but the law
11-10 enforcement officer shall report the refusal to the
11-11 Department of Public Safety. Upon the receipt of a sworn
11-12 report of the law enforcement officer that the officer had
11-13 reasonable grounds to believe the arrested person had been
11-14 driving or was in actual physical control of a moving
11-15 motor vehicle upon the highways or elsewhere throughout
11-16 this state in violation of Code Section 40-6-391 or that
11-17 such person had been driving or was in actual physical
11-18 control of a moving motor vehicle upon the highways or
11-19 elsewhere throughout this state and was involved in a
11-20 traffic accident which resulted in serious injuries or
11-21 fatalities and that the person had refused to submit to
11-22 the test upon the request of the law enforcement officer,
11-23 the department shall suspend the person's driver's
11-24 license, permit, or nonresident operating privilege of a
11-25 person at least age 21 for a period of one year, of a
11-26 person at least age 18 but under age 21 until such person
11-27 reaches age 21, of a person under age 18 until such person
11-28 reaches age 21, or if the person was operating or in
11-29 actual physical control of a commercial motor vehicle, the
11-30 department shall disqualify the person from operating a
11-31 commercial motor vehicle and shall suspend the person's
11-32 driver's license, permit, or nonresident operating
11-33 privilege, subject to review as provided for in this
11-34 chapter."
11-35 "(g)(1) A person whose driver's license is suspended or
11-36 who is disqualified from operating a commercial motor
11-37 vehicle pursuant to this Code section shall request, in
11-38 writing, a hearing within ten business days from the
11-39 date of personal notice or receipt of notice sent by
11-40 certified mail, return receipt requested, or the right
11-41 to said hearing shall be deemed waived. Within 30 days
11-42 after receiving a written request for a hearing, the
11-43 department shall hold a hearing as is provided in
11-44 Chapter 13 of Title 50, the 'Georgia Administrative
11-45 Procedure Act.' The hearing shall be recorded.
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LC 22 1784S
12- 1 (2) The scope of the hearing shall be limited to the
12- 2 following issues:
12- 3 (A) Whether the law enforcement officer had reasonable
12- 4 grounds to believe the person was driving or in actual
12- 5 physical control of a moving motor vehicle while under
12- 6 the influence of alcohol or a controlled substance and
12- 7 was lawfully placed under arrest for violating Code
12- 8 Section 40-6-391; or
12- 9 (B) Whether the person was involved in a motor vehicle
12-10 accident or collision resulting in serious injury or
12-11 fatality; and
12-12 (C) Whether at the time of the request for the test or
12-13 tests the officer informed the person of the person's
12-14 implied consent rights and the consequence of
12-15 submitting or refusing to submit to such test; and
12-16 (D) Whether the person refused the test; or
12-17 (E) Whether a test or tests was administered and the
12-18 results indicated for a person at least age 21, a
12-19 blood an alcohol concentration of 0.10 grams or more;
12-20 for a person at least age 18 but under age 21, an
12-21 alcohol concentration of 0.04 grams or more; or, for a
12-22 person under the age of 18, a blood an alcohol
12-23 concentration of 0.04 grams or more exceeding 0.00
12-24 grams; or, for a person operating or having actual
12-25 physical control of a commercial motor vehicle, a
12-26 blood an alcohol concentration of 0.04 grams or more;
12-27 and
12-28 (F) Whether the test or tests were properly
12-29 administered by an individual possessing a valid
12-30 permit issued by the Division of Forensic Sciences of
12-31 the Georgia Bureau of Investigation on a machine an
12-32 instrument approved by the Division of Forensic
12-33 Sciences or a test conducted by the Division of
12-34 Forensic Sciences, including whether the machine
12-35 instrument at the time of the test was operated with
12-36 all its electronic and operating components prescribed
12-37 by its manufacturer properly attached and in good
12-38 working order, which shall be required. A copy of the
12-39 operator's permit showing that the operator has been
12-40 trained on the particular type of machine instrument
12-41 used and one of the original copies of the test
12-42 results or, where the test is performed by the
12-43 Division of Forensic Sciences, a copy of the crime lab
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LC 22 1784S
13- 1 report shall satisfy the requirements of this
13- 2 subparagraph.
13- 3 (3) The hearing officer shall, within five calendar days
13- 4 after such hearing, forward a decision to the department
13- 5 to rescind or sustain the driver's license suspension or
13- 6 disqualification. If no hearing is requested within the
13- 7 ten business days specified above, and the failure to
13- 8 request such hearing is due in whole or in part to the
13- 9 reasonably avoidable fault of the person, the right to a
13-10 hearing shall have been waived. The request for a
13-11 hearing shall not stay the suspension of the driver's
13-12 license; provided, however, that if the hearing is
13-13 timely requested and is not held before the expiration
13-14 of the temporary permit and the delay is not due in
13-15 whole or in part to the reasonably avoidable fault of
13-16 the person, the suspension shall be stayed until such
13-17 time as the hearing is held and the hearing officer's
13-18 decision is made.
13-19 (4) In the event the person is acquitted of a violation
13-20 of Code Section 40-6-391 or such charge is initially
13-21 disposed of other than by a conviction, then the
13-22 suspension shall be terminated and deleted from the
13-23 driver's license record. In the event that a plea of
13-24 nolo contendere is accepted to a charge of violating
13-25 Code Section 40-6-391, then the suspension shall be
13-26 terminated, provided that the accepted plea of nolo
13-27 contendere shall be entered on the driver's license
13-28 record and shall be considered and counted as a
13-29 conviction for purposes of any future violations of Code
13-30 Section 40-6-391. In the event of an acquittal,
13-31 accepted plea of nolo contendere, or other disposition
13-32 other than by a conviction, the driver's license
13-33 restoration fee shall be promptly returned by the
13-34 Department of Public Safety to the licensee."
SECTION 4.
13-35 Said title is further amended by adding a new Code Section
13-36 40-6-255 to read as follows:
13-37 "40-6-255. (Index)
13-38 (a) Any person under age 17 shall not operate any type of
13-39 vehicle on the public roads, streets, or highways of this
13-40 state between the hours of 1:00 A.M. and 5:00 A.M.,
13-41 unless:
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LC 22 1784S
14- 1 (1) Going to or from a scheduled religious service;
14- 2 (2) Going to or from a place of business where the
14- 3 person is actually employed on a regularly scheduled
14- 4 basis;
14- 5 (3) Going to or from a regularly scheduled sporting or
14- 6 cultural practice;
14- 7 (4) Going to a destination where the minor intends to
14- 8 hunt or fish in conformity with the provisions of Title
14- 9 27;
14-10 (5) Accompanied by a parent, guardian, or one in a
14-11 position of loco parentis to the person under age 17;
14-12 (6) For the purpose of the operation of a farm tractor
14-13 or farm implement temporarily operated on a highway for
14-14 the purposes of conducting farm business; or
14-15 (7) For the purpose of a medical emergency.
14-16 (b) The mere appearance of a driver that he or she is
14-17 under age 17 shall not constitute sole probable cause for
14-18 stopping or detaining the vehicle of such driver.
14-19 (c) A person who violates the restrictions set forth in
14-20 subsection (a) of this Code section shall be guilty of the
14-21 offense of unlawfully driving at night and, upon
14-22 conviction thereof, shall be punished by a fine not to
14-23 exceed $250.00 and the driver's license of such person
14-24 shall be suspended by operation of law for 30 days."
SECTION 5.
14-25 Said title is further amended by striking Code Section
14-26 40-6-391, relating to driving under the influence of alcohol
14-27 or drugs, in its entirety and inserting in lieu thereof the
14-28 following:
14-29 "40-6-391. (Index)
14-30 (a) A person shall not drive or be in actual physical
14-31 control of any moving vehicle while:
14-32 (1) Under the influence of alcohol to the extent that it
14-33 is less safe for the person to drive;
14-34 (2) Under the influence of any drug to the extent that
14-35 it is less safe for the person to drive;
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LC 22 1784S
15- 1 (3) Under the combined influence of alcohol and any drug
15- 2 to the extent that it is less safe for the person to
15- 3 drive;
15- 4 (4) The person's alcohol concentration is 0.10 grams or
15- 5 more at any time within three hours after such driving
15- 6 or being in actual physical control from alcohol
15- 7 consumed before such driving or being in actual physical
15- 8 control ended; or
15- 9 (5) Subject to the provisions of subsection (b) of this
15-10 Code section, there is any amount of marijuana or a
15-11 controlled substance, as defined in Code Section
15-12 16-13-21, present in the person's blood or urine, or
15-13 both, including the metabolites and derivatives of each
15-14 or both without regard to whether or not any alcohol is
15-15 present in the person's breath or blood.
15-16 (b) The fact that any person charged with violating this
15-17 Code section is or has been legally entitled to use a drug
15-18 shall not constitute a defense against any charge of
15-19 violating this Code section; provided, however, that such
15-20 person shall not be in violation of this Code section
15-21 unless such person is rendered incapable of driving safely
15-22 as a result of using a drug other than alcohol which such
15-23 person is legally entitled to use.
15-24 (c) Every person convicted of violating this Code section
15-25 shall, upon a first or second conviction thereof, be
15-26 guilty of a misdemeanor and, upon a third or subsequent
15-27 conviction thereof, be guilty of a high and aggravated
15-28 misdemeanor and shall be punished as follows:
15-29 (1) First conviction with no conviction of and no plea
15-30 of nolo contendere accepted to a charge of violating
15-31 this Code section within the previous five years, as
15-32 measured from the dates of previous arrests for which
15-33 convictions were obtained or pleas of nolo contendere
15-34 were accepted to the date of the current arrest for
15-35 which a conviction is obtained or a plea of nolo
15-36 contendere is accepted:
15-37 (A) A fine of not less than $300.00 nor more than
15-38 $1,000.00, which fine shall not, except as provided in
15-39 subsection (g) of this Code section, be subject to
15-40 suspension, stay, or probation;
15-41 (B) A period of imprisonment of not less than ten days
15-42 nor more than 12 months, which period of imprisonment
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LC 22 1784S
16- 1 may, at the sole discretion of the judge, be
16- 2 suspended, stayed, or probated. At the sole
16- 3 discretion and under such terms and conditions as the
16- 4 judge shall impose, the judge may suspend, stay, or
16- 5 probate all but 48 hours of any term of imprisonment
16- 6 imposed under this subparagraph, which term shall be
16- 7 served at such times as will not conflict with any
16- 8 employment obligations; and
16- 9 (C) Not less than 40 hours of community service;
16-10 (2) For the second conviction within a five-year period
16-11 of time, as measured from the dates of previous arrests
16-12 for which convictions were obtained or pleas of nolo
16-13 contendere were accepted to the date of the current
16-14 arrest for which a conviction is obtained or a plea of
16-15 nolo contendere is accepted:
16-16 (A) A fine of not less than $600.00 nor more than
16-17 $1,000.00, which fine shall not, except as provided in
16-18 subsection (g) of this Code section, be subject to
16-19 suspension, stay, or probation;
16-20 (B) A period of imprisonment of not less than 90 days
16-21 nor more than 12 months. At the sole discretion and
16-22 under such terms and conditions as the judge shall
16-23 impose, the judge may suspend, stay, or probate all
16-24 but 48 hours of any term of imprisonment imposed under
16-25 this paragraph; and
16-26 (C) Not less than 80 hours of community service; or
16-27 (3) For the third or subsequent conviction within a
16-28 five-year period of time, as measured from the dates of
16-29 previous arrests for which convictions were obtained or
16-30 pleas of nolo contendere were accepted to the date of
16-31 the current arrest for which a conviction is obtained or
16-32 a plea of nolo contendere is accepted:
16-33 (A) A fine of not less than $1,000.00 and not more
16-34 than $5,000.00, which fine shall not, except as
16-35 provided in subsection (g) of this Code section, be
16-36 subject to suspension, stay, or probation;
16-37 (B) A mandatory period of imprisonment of not less
16-38 than 120 days nor more than 12 months. At the sole
16-39 discretion and under such terms and conditions as the
16-40 judge shall impose, the judge may suspend, stay, or
16-41 probate all but ten days of any term of imprisonment
16-42 imposed under this paragraph; and
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LC 22 1784S
17- 1 (C) Not less than 20 days of community service.
17- 2 For the purpose of imposing a sentence under this
17- 3 subsection, a plea of nolo contendere shall constitute a
17- 4 conviction.
17- 5 (d)(1) Notwithstanding the limits set forth in any
17- 6 municipal charter, any municipal court of any
17- 7 municipality shall be authorized to impose the
17- 8 punishments provided for in this Code section upon a
17- 9 conviction of violating this Code section or upon
17-10 conviction of violating any ordinance adopting the
17-11 provisions of this Code section.
17-12 (2) Notwithstanding any provision of this Code section
17-13 to the contrary, any court authorized to hear cases
17-14 involving violations of this Code section shall be
17-15 authorized to exercise the power to probate, suspend, or
17-16 stay any sentence imposed. Such power shall, however,
17-17 be limited to the conditions and limitations imposed by
17-18 subsection (c) of this Code section.
17-19 (e) The foregoing limitations on punishment also shall
17-20 apply when a defendant has been convicted of violating, by
17-21 a single transaction, more than one of the four provisions
17-22 of subsection (a) of this Code section.
17-23 (f) The provisions of Code Section 17-10-3, relating to
17-24 general punishment for misdemeanors including traffic
17-25 offenses, and the provisions of Article 3 of Chapter 8 of
17-26 Title 42, relating to probation of first offenders, shall
17-27 not apply to any person convicted of violating any
17-28 provision of this Code section.
17-29 (g)(1) If the payment of the fine required under
17-30 subsection (c) of this Code section will impose an
17-31 economic hardship on the defendant, the judge, at his or
17-32 her sole discretion, may order the defendant to pay such
17-33 fine in installments and such order may be enforced
17-34 through a contempt proceeding or a revocation of any
17-35 probation otherwise authorized by this Code section.
17-36 (2) In the sole discretion of the judge, he or she may
17-37 suspend up to one-half of the fine imposed under
17-38 paragraph (3) of subsection (c) of this Code section for
17-39 a third or subsequent conviction conditioned upon the
17-40 defendant's undergoing an alcohol or drug treatment
17-41 program approved by the court.
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LC 22 1784S
18- 1 (h) For purposes of determining under this chapter prior
18- 2 convictions of or pleas of nolo contendere to violating
18- 3 this Code section, in addition to the offense prohibited
18- 4 by this Code section, a conviction of or plea of nolo
18- 5 contendere to any of the following offenses shall be
18- 6 deemed to be a violation of this Code section:
18- 7 (1) Any federal law substantially conforming to or
18- 8 parallel with the offense covered under this Code
18- 9 section;
18-10 (2) Any local ordinance adopted pursuant to Article 14
18-11 of this chapter, which ordinance adopts the provisions
18-12 of this Code section; or
18-13 (3) Any previously or currently existing law of this or
18-14 any other state, which law was or is substantially
18-15 conforming to or parallel with this Code section.
18-16 (i) A person shall not drive or be in actual physical
18-17 control of any moving commercial motor vehicle while there
18-18 is 0.04 percent or more by weight of alcohol in such
18-19 person's blood, breath, or urine. Every person convicted
18-20 of violating this subsection shall be guilty of a
18-21 misdemeanor and, in addition to any disqualification
18-22 resulting under Article 7 of Chapter 5 of this title, the
18-23 'Uniform Commercial Driver's License Act,' shall be fined
18-24 as provided in subsection (c) of this Code section.
18-25 (j)(1) The clerk of the court in which a person is
18-26 convicted a third time under subsection (c) of this Code
18-27 section shall cause to be published a notice of
18-28 conviction for each such person convicted. Such notices
18-29 of conviction shall be published in the manner of legal
18-30 notices in the legal organ of the county in which such
18-31 person resides or, in the case of nonresidents, in the
18-32 legal organ of the county in which the person was
18-33 convicted. Such notice of conviction shall be one column
18-34 wide by two inches long and shall contain the photograph
18-35 taken by the arresting law enforcement agency at the
18-36 time of arrest, name, and address of the convicted
18-37 person and the date, time, place of arrest, and
18-38 disposition of the case and shall be published once in
18-39 the legal organ of the appropriate county in the second
18-40 week following such conviction or as soon thereafter as
18-41 publication may be made.
18-42 (2) The convicted person for which a notice of
18-43 conviction is published pursuant to this subsection
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LC 22 1784S
19- 1 shall be assessed $25.00 for the cost of publication of
19- 2 such notice and such assessment shall be imposed at the
19- 3 time of conviction in addition to any other fine imposed
19- 4 pursuant to this Code section.
19- 5 (3) The clerk of the court, the publisher of any legal
19- 6 organ which publishes a notice of conviction, and any
19- 7 other person involved in the publication of an erroneous
19- 8 notice of conviction shall be immune from civil or
19- 9 criminal liability for such erroneous publication,
19-10 provided such publication was made in good faith.
19-11 (k)(1) A person at least age 18 but under age 21 shall
19-12 not drive or be in actual physical control of any moving
19-13 vehicle while the person's alcohol concentration is 0.04
19-14 grams or more at any time within three hours after such
19-15 driving or being in physical control from alcohol
19-16 consumed before such driving or being in actual physical
19-17 control ended.
19-18 (2) A person under the age of 18 shall not drive or be
19-19 in actual physical control of any moving vehicle while
19-20 the person's alcohol concentration is 0.04 grams or more
19-21 exceeds 0.00 grams at any time within three hours after
19-22 such driving or being in physical control from alcohol
19-23 consumed before such driving or being in actual physical
19-24 control ended.
19-25 Every person convicted of violating this subsection shall
19-26 be guilty of a misdemeanor for the first and second
19-27 convictions and upon a third or subsequent conviction
19-28 thereof be guilty of a high and aggravated misdemeanor and
19-29 shall be punished and fined as provided in subsection (c)
19-30 of this Code section. No plea of nolo contendere shall be
19-31 accepted for any person under the age of 18 charged with a
19-32 violation of this Code section.
19-33 (l) A person who violates this Code section while
19-34 transporting in a motor vehicle a child under the age of
19-35 14 years is guilty of the separate offense of endangering
19-36 a child by driving under the influence of alcohol or
19-37 drugs. The offense of endangering a child by driving
19-38 under the influence of alcohol or drugs shall not be
19-39 merged with the offense of driving under the influence of
19-40 alcohol or drugs for the purposes of prosecution and
19-41 sentencing. An offender who is convicted of a violation
19-42 of this subsection shall be punished in accordance with
19-43 the provisions of subsection (d) of Code Section 16-12-1,
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LC 22 1784S
20- 1 relating to the offense of contributing to the
20- 2 delinquency, unruliness, or deprivation of a child."
SECTION 6.
20- 3 Said title is further amended by striking subsection (b) of
20- 4 Code Section 40-6-391.1, relating to plea of nolo
20- 5 contendere, in its entirety and inserting in lieu thereof
20- 6 the following:
20- 7 "(b) If the defendant has not been convicted of or had a
20- 8 plea of nolo contendere accepted to a charge of violating
20- 9 Code Section 40-6-391 within the previous five ten years
20-10 and if the plea of nolo contendere shall be used as
20-11 provided in paragraph (1) of subsection (a) of Code
20-12 Section 40-5-63, no such plea shall be accepted unless, at
20-13 a minimum, the following conditions are met:
20-14 (1) The defendant has filed a verified petition with the
20-15 court requesting that such plea be accepted and setting
20-16 forth the facts and special circumstances necessary to
20-17 enable the judge to determine that accepting such plea
20-18 is in the best interest of justice; and
20-19 (2) The judge has reviewed the defendant's driving
20-20 records that are on file with the Department of Public
20-21 Safety."
SECTION 7.
20-22 Said title is further amended by striking subsection (c) of
20-23 Code Section 40-6-392, relating to chemical tests for the
20-24 presence of alcohol or drugs in blood, in its entirety and
20-25 inserting in lieu thereof a new subsection (c) to read as
20-26 follows:
20-27 "(c)(1) In any civil or criminal action or proceeding
20-28 arising out of acts alleged to have been committed by
20-29 any person in violation of subsection (i) of Code
20-30 Section 40-6-391, if there was at that time or within
20-31 three hours after driving or being in actual physical
20-32 control of a moving vehicle from alcohol consumed before
20-33 such driving or being in actual physical control ended
20-34 an alcohol concentration of 0.04 grams or more in the
20-35 person's blood, breath, or urine, the person shall be in
20-36 violation of subsection (i) of Code Section 40-6-391.
20-37 (2)(A) In any civil or criminal action or proceeding
20-38 arising out of acts alleged to have been committed by
20-39 any person in violation of paragraph (1) of subsection
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LC 22 1784S
21- 1 (k) of Code Section 40-6-391, if there was at that
21- 2 time or within three hours after driving or being in
21- 3 actual physical control of a moving vehicle from
21- 4 alcohol consumed before such driving or being in
21- 5 actual physical control ended an alcohol concentration
21- 6 of 0.06 0.04 grams or more in the person's blood,
21- 7 breath, or urine, the person shall be in violation of
21- 8 paragraph (1) of subsection (k) of Code Section
21- 9 40-6-391.
21-10 (B) In any civil or criminal action or proceeding
21-11 arising out of acts alleged to have been committed by
21-12 any person in violation of paragraph (2) of subsection
21-13 (k) of Code Section 40-6-391, if there was at that
21-14 time or within three hours after driving or being in
21-15 actual physical control of a moving vehicle from
21-16 alcohol consumed before such driving or being in
21-17 actual physical control ended an alcohol concentration
21-18 exceeding 0.00 grams in the person's blood, breath, or
21-19 urine, the person shall be in violation of paragraph
21-20 (2) of subsection (k) of Code Section 40-6-391."
SECTION 8.
21-21 Said title is further amended by striking Code Section
21-22 40-8-76.1, relating to safety belts, in its entirety and
21-23 inserting in lieu thereof the following:
21-24 "40-8-76.1. (Index)
21-25 (a) As used in this Code section, the term 'passenger
21-26 vehicle' means every motor vehicle designed to carry ten
21-27 passengers or less and used for the transportation of
21-28 persons but shall not mean pickup trucks, motorcycles,
21-29 motor driven cycles, or vehicles equipped for off-road
21-30 use, provided that the term 'passenger vehicle' includes
21-31 pickup trucks for any occupant who is under age 18 years
21-32 of age.
21-33 (b) Each occupant of the front seat of a passenger vehicle
21-34 shall, while such passenger vehicle is being operated on a
21-35 public road, street, or highway of this state, be
21-36 restrained by a seat safety belt approved under Federal
21-37 Motor Vehicle Safety Standard 208.
21-38 (c) The requirement of subsection (b) of this Code section
21-39 shall not apply to:
21-40 (1) A driver or passenger frequently stopping and
21-41 leaving the vehicle or delivering property from the
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LC 22 1784S
22- 1 vehicle, if the speed of the vehicle between stops does
22- 2 not exceed 15 miles per hour;
22- 3 (2) A driver or passenger possessing a written statement
22- 4 from a physician that such person is unable, for medical
22- 5 or physical reasons, to wear a seat safety belt;
22- 6 (3) A driver or passenger possessing an official
22- 7 certificate or license endorsement issued by the
22- 8 appropriate agency in another state or country
22- 9 indicating that the driver is unable for medical,
22-10 physical, or other valid reasons to wear a seat safety
22-11 belt;
22-12 (4) A driver operating a passenger vehicle in reverse;
22-13 (5) A passenger vehicle with a model year prior to 1965;
22-14 (6) A passenger vehicle which is not required to be
22-15 equipped with seat safety belts under federal law;
22-16 (7) A passenger vehicle operated by a rural letter
22-17 carrier of the United States Postal Service while
22-18 performing duties as a rural letter carrier;
22-19 (8) A passenger vehicle from which a person is
22-20 delivering newspapers; or
22-21 (9) A passenger vehicle performing an emergency service.
22-22 (d) Failure to wear a seat safety belt shall not be
22-23 considered evidence of negligence, shall not be considered
22-24 by the court on any question of liability of any person,
22-25 corporation, or insurer, shall not be any basis for
22-26 cancellation of coverage or increase in insurance rates,
22-27 and shall not diminish any recovery for damages arising
22-28 out of the ownership, maintenance, occupancy, or operation
22-29 of a passenger vehicle.
22-30 (e)(1) Except as otherwise provided in paragraphs (2)
22-31 and (3) of this subsection and subsection (f) of this
22-32 Code section, a person failing to comply with the
22-33 requirements of subsection (b) of this Code section
22-34 shall not be guilty of any criminal act and shall not be
22-35 guilty of violating any ordinance and shall not be
22-36 issued a citation for violation of any provision of this
22-37 title or any ordinance enacted pursuant thereto. Such
22-38 person shall be warned that the failure to use a seat
22-39 safety belt is dangerous to the person's safety and such
22-40 person shall be encouraged to comply with the provisions
22-41 of this Code section.
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LC 22 1784S
23- 1 (2) A person failing to comply with the requirements of
23- 2 subsection (b) of this Code section who is also charged
23- 3 with violating Code Section 40-6-181, Code Section
23- 4 40-6-186, Code Section 40-6-271, Code Section 40-6-390,
23- 5 Code Section 40-6-391, Code Section 40-6-393, Code
23- 6 Section 40-6-394, or Code Section 40-6-395 shall be
23- 7 guilty of the offense of failure to wear a seat safety
23- 8 belt and, upon conviction thereof, may be fined not more
23- 9 than $15.00. The court imposing such fine shall not
23-10 forward a record of the disposition of the case of
23-11 failure to wear a seat safety belt to the Department of
23-12 Public Safety.
23-13 (3) Each minor over four years of age who is an occupant
23-14 of a passenger vehicle shall, while such passenger
23-15 vehicle is being operated on a public road, street, or
23-16 highway of this state, be restrained by a seat safety
23-17 belt approved under Federal Motor Vehicle Safety
23-18 Standard 208. In any case where a minor passenger over
23-19 four years of age fails to comply with the requirements
23-20 of this paragraph, the driver of the passenger vehicle
23-21 shall be guilty of the offense of failure to secure a
23-22 safety belt on a minor and, upon conviction thereof, may
23-23 be fined not more than $25.00. The court imposing such a
23-24 fine shall not forward a record of the court disposition
23-25 of the case of failure to secure a safety belt on a
23-26 minor to the Department of Public Safety.
23-27 (f) Notwithstanding the provisions of subsection (b) of
23-28 this Code section, every occupant of any vehicle operated
23-29 by a person under age 18 shall, while such vehicle is
23-30 being operated on a public road, street, or highway of
23-31 this state, be restrained by a seat safety belt approved
23-32 under Federal Motor Vehicle Safety Standard 208. The
23-33 requirement of this subsection shall not apply to:
23-34 (1) A driver or passenger possessing a written statement
23-35 from a physician that such person is unable, for medical
23-36 or physical reasons, to wear a seat safety belt;
23-37 (2) A driver or passenger possessing an official
23-38 certificate or license endorsement issued by the
23-39 appropriate agency in another state or country
23-40 indicating that the driver is unable for medical,
23-41 physical, or other valid reasons to wear a seat safety
23-42 belt;
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LC 22 1784S
24- 1 (3) A passenger vehicle with a model year prior to 1965;
24- 2 or
24- 3 (4) A passenger vehicle which is not required to be
24- 4 equipped with seat safety belts under federal law.
24- 5 (g) A person failing to comply with the requirements of
24- 6 subsection (f) of this Code section shall be guilty of the
24- 7 offense of failure to wear a safety belt and, upon
24- 8 conviction thereof, may be fined not more than $250.00."
SECTION 9.
24- 9 This Act shall become effective upon its approval by the
24-10 Governor or upon its becoming law without such approval,
24-11 provided that Section 6 of this Act shall apply to offenses
24-12 occurring on or after May 1, 1995.
SECTION 10.
24-13 All laws and parts of laws in conflict with this Act are
24-14 repealed.
-24- (Index)
Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97