HB78.html

Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of motor vehicle drivers´ licenses, is amended by striking subsection (a) of Code Section 40-5-22, relating to persons not to be licensed and minimum ages for licensees, and inserting in lieu thereof the following:
"(a) The department shall not issue any Class C driver´s license to any person who is under 18 years of age or Class M driver´s license to any person who is under the age of 16 years, except that the department may, under subsection (a) of Code Section 40-5-24, issue a Class P instruction permit permitting the operation of a noncommercial Class C vehicle to any person who is at least 15 years of age, and may, under subsection (b) of Code Section 40-5-24, issue a Class D driver´s license permitting the operation of a noncommercial Class C vehicle ~~to any person who is at least 16 years of age~~ as provided by Code Section 40-5-24. On and after January 1, 1985, the department shall not issue any driver´s license to any person under 18 years of age unless such person presents a certificate or other evidence acceptable to the department which indicates satisfactory completion of an alcohol and drug course as prescribed in subsection (b) of Code Section 20-2-142; provided, however, that a person under 18 years of age who becomes a resident of this state and who has in his or her immediate possession a valid license issued to him or her in another state or country shall not be required to take or complete the alcohol and drug course. The department shall not issue a driver´s license or a Class P instruction permit for the operation of a Class A or B vehicle or any commercial driver´s license to any person who is under the age of 18 years."

Said article is further amended in Code Section 40-5-24, relating to instruction permits, graduated licensing, and related restrictions, by striking paragraph (2) of subsection (a) and the introductory subparagraph of paragraph (1) of subsection (b) and inserting in lieu thereof the following:
"(2) A person who has been issued an instruction permit under this subsection and has never been issued a Class D driver´s license under subsection (b) of this Code section will become eligible for a Class D driver´s license under subsection (b) of this Code section only if such person ~~is at least 16 years of age~~ meets the applicable minimum age requirement of paragraph (1) of subsection (b) of this Code section, has a valid instruction permit which is not under suspension, and, for a period of not less than 12 consecutive months prior to making application for a Class D driver´s license, has not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57."
"(b)(1) Any resident of this state who is at least 16 17 years of age and who, for a period of at least 12 months, had a valid instruction permit issued under subsection (a) of this Code section may apply to the department for a Class D driver´s license to operate a noncommercial Class C vehicle if such resident has otherwise complied with all prerequisites for the issuance of such Class D driver´s license as provided in subsection (a) of this Code section, provided that a resident at least 16 17 years of age who has at any age surrendered to the department a valid instruction permit or driver´s license issued by another state or the District of Columbia or who has submitted to the department proof, to the satisfaction of the department, of a valid instruction permit or driver's license issued by another state or the District of Columbia may apply his or her driving record under such previously issued permit or driver's license toward meeting the eligibility requirements for a Class D driver's license the same as if such previously issued permit or driver´s license were an instruction permit issued under subsection (a) of this Code section. The foregoing minimum age limitations of this paragraph shall not apply to any person issued a Class D license prior to January 1, 2002; and on and after such date the foregoing minimum age limitations shall be waived for any person least 16 years of age who has completed a course of driver education approved by the department and in a private or public licensed driver training school, provided that standards for approval of such course shall be established by rule or regulation and such course shall be designed to educate young drivers regarding the traffic laws of this state and safe driving practices and to train such drivers in the safe operation of motor vehicles. The department shall, after the applicant has successfully passed a behind the wheel road test, issue to the applicant a Class D driver´s license which shall entitle the applicant, while having such license in his or her immediate possession, to drive a Class C vehicle upon the public highways of this state under the following conditions:"