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| Georgia General Assembly |
SB43.html
01 LC 25 1978
Senate Bill
43
By: Senator Crotts of the 17th
A BILL TO BE
ENTITLED
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 impose a driver education
requirement for purposes of certain license eligibility; to change certain
provisions relating to classes of licenses; to change certain provisions
relating to instruction permits, graduated licensing and related restrictions,
and temporary permits; to change certain provisions relating to applications and
fees; 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
striking subsection (a) of Code Section 40-5-22, relating to persons not to be
licensed, minimum ages for licensees, and school attendance requirements, 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, may issue a Class E license under subsection (a.1) of Code
Section 40-5-24 permitting the operation of a noncommercial Class C vehicle to
any person at least 16 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 17 years of age. 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."
SECTION 1-2.
Said chapter is further amended in Code Section 40-5-22,
relating to persons not to be licensed, minimum ages for licensees, and school
attendance requirements, by inserting a new subsection (a.2) to read as
follows:
"(a.2)
In addition to any other requirements provided by law, on and after January 1,
2002, the department shall not issue to any person any initial Class C
driver´s license unless such person has satisfactorily completed a driver
education course approved by the department pursuant to this subparagraph and
taught in a private driver training school and under the direct personal
supervision of a driver training instructor, which school and instructor were
licensed by the department under Chapter 13 of Title 43, 'The Driver Training
School License Act.' The commissioner shall by rule or regulation establish
standards for approval and proof of satisfactory completion of the driver
education course required by this subparagraph, provided that such course shall
be designed to educate young drivers about the traffic laws of this state and
safe driving practices and to train young drivers in the safe operation of motor
vehicles and shall require not less than six hours of driving a motor vehicle
while under
instruction."
SECTION 1-3.
Said chapter is further amended by striking subsection (c)
of Code Section 40-5-23, relating to classes of licenses, and inserting in lieu
thereof the
following:
"(c)
The noncommercial classes of motor vehicles for which operators may be licensed
shall be as follows:
Class A - Any combination of
vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided
the gross vehicle weight rating of the vehicle or vehicles being towed is in
excess of 10,000 pounds, and all vehicles included within Class B and Class C;
Class B - Any single vehicle with a gross vehicle
weight rating of 26,001 pounds or more, any such vehicle towing a vehicle with a
gross vehicle weight rating not in excess of 10,000 pounds, and all vehicles
included within Class C;
Class C - Any single
vehicle with a gross vehicle weight rating not in excess of 26,000 pounds or any
such vehicle towing a vehicle with a gross vehicle weight rating not in excess
of 10,000 pounds and any self-propelled or towed vehicle that is equipped to
serve as temporary living quarters for recreational, camping, or travel purposes
and is used solely as a family or personal conveyance;
Class D E - Provisional
license applicable to noncommercial Class C vehicles for which an applicant
desires a driver´s license but is not presently licensed to drive;
Class D - Provisional license applicable to
noncommercial Class C vehicles for which an applicant has been previously issued
a Class E license but has never been issued a Class C license;
Class M - Motorcycles, motor driven cycles, and
three-wheeled motorcycles;
Class P - Instructional
permit applicable to all types of vehicles for which an applicant desires a
driver´s license but is not presently licensed to drive.
Any applicant for a Class A or Class B license must
possess a valid Georgia driver´s license for Class C vehicles. A license
issued pursuant to this Code section shall not be a commercial driver´s
license."
SECTION 1-4.
Said chapter is further amended by striking Code Section
40-5-24, relating to instruction permits, graduated licensing and related
restrictions, and temporary permits, and inserting in lieu thereof the
following:
"40-5-24.
(a)(1)
Any resident of this state who is at least 15 years of age may apply to the
department for an instruction permit to operate a noncommercial Class C vehicle.
The department shall, after the applicant has successfully passed all parts of
the examination referred to in Code Section 40-5-27 other than the driving test,
issue to the applicant an instruction permit which shall entitle the applicant,
while having such permit in his or her immediate possession, to drive a Class C
vehicle upon the public highways for a period of two years when accompanied 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.
(2) A person who has been issued an instruction
permit under this subsection and has never been issued a Class
D E driver´s license under subsection
(b) (a.1) of this Code section will become eligible for
a Class D E driver´s license under subsection
(b) (a.1) of this Code section only if such person is at
least 16 years of age, 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 E 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.
(3) This subsection does not apply to
instruction permits for the operation of
motorcycles.
(a.1)(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 E 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 E 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 E 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
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:
(A) The Class
E license holder shall not drive a Class C motor vehicle on the public roads,
streets, or highways of this state between the hours of 10:00 P.M. and 5:00 A.M.
eastern standard time or eastern daylight time, whichever is applicable, unless:
(i) Going to or from a place of business where
he or she is actually employed on a regularly scheduled basis;
(ii) Going to or from an event or activity
sponsored or sanctioned by a secondary or postsecondary school in which he or
she is enrolled as a student;
(iii) Going to
or from an event or activity sponsored or sanctioned by a religious
organization; or
(iv) For the purpose of a
medical, fire, or law enforcement related emergency;
and
(B) The Class E license holder shall not
drive a Class C motor vehicle upon the public roads, streets, or highways of
this state when more than one other passenger in the vehicle who is not a member
of the driver´s immediate family is less than 21 years of age; provided,
however, that a Class E license holder shall not be charged with a violation of
this subparagraph alone but may be charged with violating this subparagraph in
addition to any other traffic offense.
(2) A
person who has been issued a Class E driver´s license 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 17
years of age, has a valid Class E 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 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 Class E
driver´s license issued under subsection (a)
(a.1) 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)
(a.1) 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 a Class E driver´s
license issued under subsection (a) (a.1) of this
Code section. The department shall, after the applicant has successfully
passed a behind the wheel road test, issue to the applicant a A
Class D driver´s license which shall entitle the
applicant license holder, 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) The 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 1:00 A.M. and 5:00 A.M. eastern standard time or eastern
daylight time, whichever is applicable, unless:
(i)
Going to or from a place of business where he or she is actually employed on a
regularly scheduled basis;
(ii) Going to or from an
event or activity sponsored or sanctioned by a secondary or postsecondary school
in which he or she is enrolled as a student;
(iii)
Going to or from an event or activity sponsored or sanctioned by a religious
organization; or
(iv) For the purpose of a medical,
fire, or law enforcement related emergency; and
(B)
The 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; provided, however, that a Class D license
holder shall not be charged with a violation of this subparagraph alone but may
be charged with violating this subparagraph in addition to any other traffic
offense.
(2) A person who has been issued a Class D
or Class E driver´s license or instruction permit under this
subsection Code section 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.
(c) Any resident of this state who is at least 16
years of age may apply to the department for a noncommercial Class M motorcycle
instruction permit. The department shall, after the applicant has successfully
passed all parts of the examination other than the driving test, issue to the
applicant an instruction permit which shall entitle the applicant, while having
such permit in his or her immediate possession, to drive a motorcycle or a motor
driven cycle upon the public highways for a period of six months. A motorcycle
instruction permit shall not be valid when carrying passengers, on a limited
access highway, or at night.
(d) Any resident of
this state who is at least 18 years of age may apply to the department for an
instruction permit to operate noncommercial vehicles in Classes A and B. Such
permits may be issued only to persons with valid commercial or noncommercial
Class C licenses or persons who have passed all required tests for a commercial
or noncommercial Class C license. The department shall, after the applicant has
successfully passed all parts of the appropriate examination other than the
skill and driving test, issue to the applicant an instruction permit which shall
entitle the applicant, while having the permit in his or her immediate
possession, to operate a vehicle of the appropriate noncommercial class upon the
public highways for a period of 12 months when accompanied by a licensed driver,
qualified in the vehicle being operated, who is fit and capable of exercising
control over the vehicle, and who is occupying a seat beside the driver as an
instructor. Prior to being issued a driver´s license for Classes A and B,
the applicant shall pass a knowledge and skill test for driving a Class A or B
vehicle as provided by the commissioner.
(e) The
department shall issue a temporary driver´s permit to an applicant for a
driver´s license permitting him or her to operate a specified type or class
of motor vehicle while the department is completing its investigation and
determination of all facts relative to such applicant´s eligibility to
receive a driver´s license. Such permit must be in his or her immediate
possession while operating a motor vehicle, and it shall be invalid when the
applicant´s license has been issued or for good cause has been refused.
Such permit shall be valid for no more than 45 days. When a license has been
refused, the permit shall be returned to the department within ten days of
receipt of written notice of
refusal."
SECTION 1-5.
Said chapter is further amended by striking paragraph (1) of
subsection (a) of Code Section 40-5-25, relating to applications and fees, and
inserting in lieu thereof the following:
|
"(1) For
instruction permits for Classes A, B, C, and M drivers´ licenses and for
Class D Classes D and E drivers´
licenses
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$
10.00"
|
SECTION 1-6.
Said chapter is further amended by striking subsection (a)
of 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:
"(a)
Notwithstanding any other provision of this chapter, the driver´s license
of any person who was under 21 years of age convicted of
at the time of committing for a second or subsequent time any of the
following offenses shall upon conviction be revoked by the department and a
driver´s license revoked under this subsection shall not be reinstated:
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
revoked by the department as provided by this Code section, and a driver´s
license revoked under this subsection shall not be reinstated. A plea
of nolo contendere shall be considered a conviction for purposes of this
subsection. Notice of revocation 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 revocation. 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."
SECTION 1-7.
Said title is further amended by striking subsection (b) of
Code Section 40-5-57.1, relating to revocation of licenses of persons under age
21 for certain offenses and issuance of new license following revocation, and
inserting in lieu thereof the
following:
"(b)
A person whose driver´s license has been revoked under subsection (a) of
this Code section shall:
(1) Except
as otherwise provided by paragraph (2) of this
subsection:
(A) Upon a first such
revocation, be eligible to apply for and, subject to the examination
requirements of Code Section 40-5-27 and payment of required fees, be issued a
new driver´s license six months from the date on which the revoked license
was surrendered to and received by the department;
and
(B) Upon a second or subsequent
such revocation, be eligible to apply for and, subject to the examination
requirements of Code Section 40-5-27 and payment of required fees, be issued a
new driver´s license 12 months from the date on which the revoked license
was surrendered to and received by the department;
or
(2) If the driver´s license
was revoked upon conviction for violation of Code Section 40-6-391 and the
driver´s alcohol concentration at the time of the offense was 0.08 grams or
more, be eligible to apply for and, subject to the examination requirements of
Code Section 40-5-27 and payment of required fees, be issued a new driver´s
license 12 months from the date on which the revoked license was surrendered to
and received by the department.
(b)(1) A
person whose Class E driver´s license has been revoked under subsection (a)
of this Code section shall:
(A) Be eligible to
apply for and be issued an instruction permit 30 days from the date on which the
revoked license was surrendered to and received by the department;
and
(B) Not be eligible for a new Class E,
Class D, or Class C driver´s license except as provided by subsections (a),
(a.1), and (b) of Code Section 40-5-24.
(2) A
person whose Class D driver´s license has been revoked under subsection (a)
of this Code section shall:
(A) Be eligible to
apply for and be issued a Class E driver´s license 30 days from the date on
which the revoked license was surrendered to and received by the department, the
provisions of Code Section 40-5-24 notwithstanding;
and
(B) Not be eligible for a new Class D or
Class C driver´s license except as provided by subsections (a.1) and (b) of
Code Section 40-5-24.
(2) A person whose Class
C driver´s license has been revoked under subsection (a) of this Code
section shall:
(A) Be eligible to apply for and
be issued a Class D driver´s license 30 days from the date on which the
revoked license was surrendered to and received by the department, the
provisions of Code Section 40-5-24 notwithstanding;
and
(B) Not be eligible for a new Class C
driver´s license except as provided by subsection (b) of Code Section
40-5-24."
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,' or when such driving instructor and vehicle are approved
by the State Department of Education for a driver education program offered by a
public high school, provided that the course is open only to students of such
accredited school.' 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 or Department
of Education rules clearly identifying such vehicles as training cars
belonging to a private or public driving school or public high
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."
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,' or when such driving instructor and vehicle are approved by the
State Department of Education for a driver education program offered by a public
high school, provided that the course is open only to students of such
accredited school.' 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 or
Department of Education rules clearly identifying such vehicles as
training cars belonging to a licensed driving school or public
high 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."
PART 4
SECTION
4-1.
(a) This Act shall become effective on July 1, 2001,
except as otherwise provided by subsection (b) of this
section.
(b) 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 July 1, 2001, 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.