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SB1.html
01 SB1/AP
Senate Bill
1
By: Senators Hill of the 4th, Gingrey of
the 37th, Starr of the 44th, Walker of the 22nd
and Hecht of the 34th
AS
PASSED
AN ACT
To amend Chapter 5 of Title 40 of the Official Code of
Georgia Annotated, relating to motor vehicle drivers´ licenses, so as to
change certain provisions relating to persons not to be licensed, minimum ages
for licensees, and school attendance requirements; to provide driver training
requirements for certain license applicants; to change certain provisions
relating to instruction permits, graduated licensing and related restrictions,
and temporary licenses; to change certain provisions relating to examination of
applicants; to change certain provisions relating to revocation of licenses of
persons under age 21 for certain offenses and issuance of new licenses following
revocations; to change certain provisions relating to licensing exemptions; to
provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
PART 1
SECTION
1-1.
Chapter 5 of Title 40 of the Official Code of Georgia
Annotated, relating to motor vehicle drivers´ licenses, is amended by
adding to Code Section 40-5-22, relating to persons not to be licensed, minimum
ages for licensees, and school attendance requirements, a new subsection (a.2)
to read as
follows:
"(a.2)(1)
On and after January 1, 2002, the department shall not issue any initial Class D
driver´s license or, in the case of a person who has never been issued a
Class D driver´s license by the department or the equivalent thereof by any
other jurisdiction, any initial Class C driver´s license unless such
person:
(A) Has completed an approved driver education
course in a licensed private or public driver training school and in addition a
cumulative total of at least 20 hours of other supervised driving experience
including at least six hours at night, all of which is verified in writing
signed before a person authorized to administer oaths by a parent or guardian of
the applicant or by the applicant if such person is at least 18 years of age;
or
(B) Has completed a cumulative total of at least 40
hours of supervised driving experience including at least six hours at night,
and the same is verified in writing signed before a person authorized to
administer oaths by a parent or guardian of the applicant or by the applicant if
such person is at least 18 years of age.
(2) The
commissioner shall by rule or regulation establish standards for approval of any
driver education course for purposes of subparagraph (A) of paragraph (1) of
this subsection, provided that such course shall be designed to educate young
drivers about safe driving practices and the traffic laws of this state and to
train young drivers in the safe operation of motor
vehicles.
(3) For purposes of supervised driving
experience under paragraph (1) of this subsection, supervision shall be provided
by a person at least 21 years of age who is licensed as a driver for a
commercial or noncommercial Class C vehicle, who is fit and capable of
exercising control over the vehicle, and who is occupying a seat beside the
driver."
SECTION 1-2.
Said chapter is further amended by striking subsection (b)
of Code Section 40-5-24, relating to instruction permits, graduated licensing
and related restrictions, and temporary licenses, and inserting in lieu thereof
the
following:
"(b)(1)
Any resident of this state who is at least 16 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 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.
(2) The department shall, after all
applicable requirements have been met, 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:
(A) Any Class D license holder shall not
drive a Class C motor vehicle on the public roads, streets, or highways of this
state between the hours of 12:00 Midnight and 6:00 A.M. eastern standard time or
eastern daylight time, whichever is applicable.
(B)(i)
Any Class D license holder shall not drive a Class C motor vehicle upon the
public roads, streets, or highways of this state when more than three other
passengers in the vehicle who are not members of the driver´s immediate
family are less than 21 years of age; and
(ii) During
the six-month period immediately following issuance of such license, any Class D
license holder shall not drive a Class C motor vehicle upon the public roads,
streets, or highways of this state when any other passenger in the vehicle is
not a member of the driver´s immediate
family;
provided, however, that a Class D license
holder shall not be charged with a violation of this paragraph alone but may be
charged with violating this paragraph in addition to any other traffic
offense.
(3) A person who has been issued a Class D
driver´s license under this subsection and has never been issued a Class C
driver´s license under this chapter will become eligible for a Class C
driver´s license under this chapter only if such person has a valid Class D
driver´s license which is not under suspension and, for a period of not
less than 12 consecutive months prior to making application for a Class C
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 and is at least 18 years of
age."
SECTION 1-3.
Said chapter is further amended by striking subsection (a)
of Code Section 40-5-27, relating to examination of applicants, and inserting in
lieu thereof the
following:
"(a)
The department shall examine every applicant for a driver´s license. Such
examination shall include a test of the applicant´s eyesight, his or her
ability to understand official traffic-control devices, and his or her knowledge
of safe driving practices and the traffic laws of this state and shall also
include a comprehensive on-the-road driving test during which the applicant
shall be required to fully demonstrate his or her ability to exercise ordinary
and reasonable control in the operation of a motor vehicle of the type or
general class of vehicles he or she desires a license to drive; provided,
however, that the on-the-road driving test requirement shall not apply to any
applicant for a Class C driver´s license who holds a Class D driver´s
license issued on or after the effective date of such requirement. Applicants 18
years of age and older with valid and current licenses issued by another state
of the United States or the District of Columbia who surrender their previous
licenses to obtain a Georgia license shall be exempt from taking such tests
other than tests of eyesight. The examination may also include such further
physical and mental examination as the department finds necessary to determine
the applicant´s fitness to operate a motor vehicle safely upon the
highways. The commissioner may establish by rules and regulations the type of
tests or demonstrations to be made by applicants for any class of
license."
PART 2
SECTION
2-1.
Chapter 5 of Title 40 of the Official Code of Georgia
Annotated, relating to motor vehicle drivers´ licenses, is amended by
striking paragraph (11) of subsection (a) of Code Section 40-5-21, relating to
licensing exemptions, and inserting in lieu thereof the
following:
"(11)
Any resident who is 15 years of age or over while taking actual in-car training
in a training vehicle other than a commercial motor vehicle under the direct
personal supervision of a driving instructor when such driving instructor and
training vehicle are licensed by the Department of Public Safety in accordance
with the provisions of Chapter 13 of Title 43, 'The Driver Training School
License Act.' As used in the previous sentence, the term 'commercial motor
vehicle' shall have the meaning specified in Code Section 40-5-142. All
vehicles utilized for the in-car training authorized under this paragraph shall
be equipped with dual controlled brakes and shall be marked with signs in
accordance with the Department of Public Safety rules clearly identifying such
vehicles as training cars belonging to a licensed driving school. A driving
instructor shall test the eyesight of any unlicensed person who will be
receiving actual in-car training prior to commencement of such training, and no
unlicensed driver shall receive in-car training unless such person has at least
the visual acuity and horizontal field of vision as is required for issuance of
a driver´s license in subsection (c) of Code Section
40-5-27."
SECTION 2-2.
Said chapter is further amended by striking Code Section
40-5-57.1, relating to revocation of licenses of persons under age 21 for
certain offenses and issuance of new licenses following revocations, and
inserting in lieu thereof the
following:
"40-5-57.1.
(a)
Notwithstanding any other provision of this chapter, the driver´s license
of any person under 21 years of age convicted of 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, any offense for which four or more points are assessable under
subsection (c) of Code Section 40-5-57, purchasing an alcoholic beverage in
violation of paragraph (2) of subsection (a) of Code Section 3-3-23, or
violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or
violation of Code Section 40-6-391 shall be suspended by the department as
provided by this Code section; and the driver´s license of any person under
18 years of age who has accumulated a violation point count of four or more
points under Code Section 40-5-57 in any consecutive 12 month period shall be
suspended by the department as provided by this Code section. A plea of nolo
contendere shall be considered a conviction for purposes of this subsection.
Notice of suspension shall be given by certified mail or statutory overnight
delivery, return receipt requested; or, in lieu thereof, notice may be given by
personal service upon such person. Such license shall be surrendered within ten
days of notification of such suspension. Notice given by certified mail or
statutory overnight delivery, return receipt requested, mailed to the
person´s last known address shall be prima-facie evidence that such person
received the required notice.
(b) A person whose
driver´s license has been suspended under subsection (a) of this Code
section shall:
(1) Subject to the requirements of
subsection (c) of this Code section and except as otherwise provided by
paragraph (2) of this subsection:
(A) Upon a first
such suspension, be eligible to apply for license reinstatement and, subject to
successful recompletion of the examination requirements of Code Section 40-5-27
and payment of required fees, have his or her driver´s license reinstated
six months from the date on which the suspended license was surrendered to and
received by the department; and
(B) Upon a second or
subsequent such suspension, be eligible to apply for license reinstatement and,
subject to successful recompletion of the examination requirements of Code
Section 40-5-27 and payment of required fees, have his or her driver´s
license reinstated 12 months from the date on which the suspended license was
surrendered to and received by the department; or
(2)
If the driver´s license was suspended upon conviction for violation of Code
Section 40-6-391, be subject to the provisions of Code Section 40-5-63; except
that if such driver was convicted of driving under the influence of alcohol or
of having an unlawful alcohol concentration and is otherwise subject to the
provisions of paragraph (1) of subsection (a) of Code Section 40-5-63, then
such person shall not be eligible for a limited driving permit under Code
Section 40-5-64, and:
(A) If the driver´s alcohol
concentration at the time of the offense was less than 0.08 grams, he or she
shall not be eligible for license reinstatement until the end of six months;
or
(B) If the driver´s alcohol concentration at
the time of the offense was 0.08 grams or more, he or she shall not be eligible
for license reinstatement until the end of 12
months.
Any driver subject to the provisions of this
paragraph shall, as an additional prerequisite for license reinstatement, be
required to successfully recomplete the examination requirements of Code Section
40-5-27.
(b.1) In any case where a person´s
driver´s license was administratively suspended as a result of the offense
for which the person´s driver´s license has been suspended pursuant to
this Code section, the administrative license suspension period and the license
suspension period provided by this Code section may run concurrently, and any
completed portion of such administrative license suspension period shall apply
toward completion of the license suspension period provided by this Code
section.
(c) Any driver´s license suspended
under subsection (a) of this Code section for commission of any offense other
than violation of Code Section 40-6-391 shall not become valid and shall remain
suspended until such person submits proof of completion of a defensive driving
program approved by the Department of Public Safety and pays a fee equivalent to
that required for restoration of a suspended driver´s license under
paragraph (1) of subsection (a) of Code Section 40-5-63; provided, however,
that such fee shall not be required under this subsection if such person´s
driver´s license was administratively suspended as a result of the offense
for which the person´s driver´s license has been suspended pursuant to
this Code section and the restoration fee was paid for such administratively
suspended driver´s
license."
PART 3
SECTION
3-1.
Chapter 5 of Title 40 of the Official Code of Georgia
Annotated, relating to motor vehicle drivers´ licenses, is amended by
striking paragraph (11) of subsection (a) of Code Section 40-5-21, relating to
licensing exemptions, and inserting in lieu thereof the
following:
"(11)
Any resident who is 15 years of age or over while taking actual in-car training
in a training vehicle other than a commercial motor vehicle under the direct
personal supervision of a driving instructor when such driving instructor and
training vehicle are licensed by the department in accordance with the
provisions of Chapter 13 of Title 43, 'The Driver Training School License Act.'
As used in the previous sentence, the term 'commercial motor vehicle' shall have
the meaning specified in Code Section 40-5-142. All vehicles utilized for the
in-car training authorized under this paragraph shall be equipped with dual
controlled brakes and shall be marked with signs in accordance with the
Department of Motor Vehicle Safety rules clearly identifying such vehicles as
training cars belonging to a licensed driving school. A driving instructor
shall test the eyesight of any unlicensed person who will be receiving actual
in-car training prior to commencement of such training, and no unlicensed driver
shall receive in-car training unless such person has at least the visual acuity
and horizontal field of vision as is required for issuance of a driver´s
license in subsection (c) of Code Section
40-5-27."
SECTION 3-2.
Said chapter is further amended by striking Code Section
40-5-57.1, relating to revocation of licenses of persons under age 21 for
certain offenses and issuance of new licenses following revocations, and
inserting in lieu thereof the
following:
"40-5-57.1.
(a)
Notwithstanding any other provision of this chapter, the driver´s license
of any person under 21 years of age convicted of 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, any offense for which four or more points are assessable under
subsection (c) of Code Section 40-5-57, purchasing an alcoholic beverage in
violation of paragraph (2) of subsection (a) of Code Section 3-3-23, violation
of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or violation
of Code Section 40-6-391 shall be suspended by the department as provided by
this Code section; and the driver´s license of any person under 18 years of
age who has accumulated a violation point count of four or more points under
Code Section 40-5-57 in any consecutive 12 month period shall be suspended by
the department as provided by this Code section. A plea of nolo contendere
shall be considered a conviction for purposes of this subsection. Notice of
suspension shall be given by certified mail or statutory overnight delivery,
return receipt requested; or, in lieu thereof, notice may be given by personal
service upon such person. Such license shall be surrendered within ten days of
notification of such suspension. Notice given by certified mail or statutory
overnight delivery, return receipt requested, mailed to the person´s last
known address shall be prima-facie evidence that such person received the
required notice.
(b) A person whose driver´s
license has been suspended under subsection (a) of this Code section
shall:
(1) Subject to the requirements of subsection
(c) of this Code section and except as otherwise provided by paragraph (2) of
this subsection:
(A) Upon a first such suspension, be
eligible to apply for license reinstatement and, subject to successful
recompletion of the examination requirements of Code Section 40-5-27 and payment
of required fees, have his or her driver´s license reinstated six months
from the date on which the suspended license was surrendered to and received by
the department; and
(B) Upon a second or subsequent
such suspension, be eligible to apply for license reinstatement and, subject to
successful recompletion of the examination requirements of Code Section 40-5-27
and payment of required fees, have his or her driver´s license reinstated
12 months from the date on which the suspended license was surrendered to and
received by the department; or
(2) If the
driver´s license was suspended upon conviction for violation of Code
Section 40-6-391, be subject to the provisions of Code Section 40-5-63; except
that if such driver was convicted of driving under the influence of alcohol or
of having an unlawful alcohol concentration and is otherwise subject to the
provisions of paragraph (1) of subsection (a) of Code Section 40-5-63, then
such person shall not be eligible for a limited driving permit under Code
Section 40-5-64, and:
(A) If the driver´s alcohol
concentration at the time of the offense was less than 0.08 grams, he or she
shall not be eligible for license reinstatement until the end of six months;
or
(B) If the driver´s alcohol concentration at
the time of the offense was 0.08 grams or more, he or she shall not be eligible
for license reinstatement until the end of 12
months.
Any driver subject to the provisions of this
paragraph shall, as an additional prerequisite for license reinstatement, be
required to successfully recomplete the examination requirements of Code Section
40-5-27.
(b.1) In any case where a person´s
driver´s license was administratively suspended as a result of the offense
for which the person´s driver´s license has been suspended pursuant to
this Code section, the administrative license suspension period and the license
suspension period provided by this Code section may run concurrently, and any
completed portion of such administrative license suspension period shall apply
toward completion of the license suspension period provided by this Code
section.
(c) Any driver´s license suspended under
subsection (a) of this Code section for commission of any offense other than
violation of Code Section 40-6-391 shall not become valid and shall remain
suspended until such person submits proof of completion of a defensive driving
program approved by the department and pays a fee equivalent to that required
for restoration of a suspended driver´s license under paragraph (1) of
subsection (a) of Code Section 40-5-63; provided, however, that such fee shall
not be required under this subsection if such person´s driver´s
license was administratively suspended as a result of the offense for which the
person´s driver´s license has been suspended pursuant to this Code
section and the restoration fee was paid for such administratively suspended
driver´s
license."
PART 4
SECTION
4-1.
(a) This Act shall become effective on January 1, 2002,
except as otherwise provided by subsection (b) of this
section.
(b)(1) This section shall become effective on
July 1, 2001.
(2) Section 1-1 of this Act shall become
effective on July 1, 2001, for purposes of promulgating rules or regulations and
shall become effective for all other purposes on January 1,
2002.
(3) Subsection (a) of Code Section 40-5-27 as
amended by this Act shall become effective six months after the effective date
of appropriation by the General Assembly of sufficient funds for purposes of
such amendment.
(4) Each provision amended in Part 3
of this Act shall become effective and supersede that respective provision
amended in Part 2 of this Act on January 1, 2002, or on such date thereafter as
that same provision, as amended by an Act approved April 28, 2000 (Ga. L. 2000,
p. 951), becomes fully effective pursuant to Section 13-1 of that 2000 Act,
whichever is later.
SECTION 4-2.
All laws and parts of laws in conflict with this Act are
repealed.