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Said chapter is further 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 legal guardian of the applicant or by the applicant if such person is at least 18 years of age;
(A.1)(i) Has completed an approved driver education course provided through means of distance learning by a licensed private or public driver training school and in addition a cumulative total of at least 30 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 legal guardian of the applicant or by the applicant if such person is at least 18 years of age.
(ii) Any driver training school offering instruction through means of distance learning for purposes of this subparagraph shall be an entity having an office in this state open to the public during normal business hours and shall have been licensed for a continuous period of at least five years prior to offering any instruction through means of distance learning for purposes of this subparagraph.
(iii) Any such driver training school shall remit to the department an administrative fee of $10.00 for each student enrolled in a distance learning program provided by such school. Such fee shall be paid not later than 30 days after the date of enrollment.
(iv) Any such driver training school shall maintain a local or toll-free telephone number available for use by an applicant enrolled in such distance learning course to obtain technical assistance with the program 24 hours per day.
(v) Any such driver training school shall provide each person successfully completing such distance learning program a numbered completion certificate, which shall be electronically transmitted, postmarked by the United States Postal Service, or sent by statutory overnight delivery not later than five business days after the course completion date.
(vi) Upon request, any such driver training school shall provide the department with any necessary access code or key to enable the department to access any computer, server, or other electronic device used to store data or provide certificates of completion to applicants who have enrolled in any course required of an applicant for purposes of this subparagraph.
(vii) For purposes of this subparagraph, the term 'distance learning' means the use of Internet or World Wide Web based computer systems or other electronic delivery systems or programs providing information or instruction to students and utilizing access security measures designed to prevent fraudulent use by or false identification of a student; 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 legal guardian of the applicant or by the applicant if such person is at least 18 years of age; provided, however, that the alternative provided by this subparagraph shall not be available for any applicant for an initial Class D driver´s license who is less than 17 years of age and resides in any county having a population of 500,000 or more according to the United States decennial census of 2000 or any future such census.
(2) The commissioner shall by rule or regulation establish standards for approval of any driver education course for purposes of subparagraphs (A) and (A.1) 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 with the exception of an advanced driver's education course on a closed circuit."

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 ~~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~~ 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 ~~1:00 A.M.~~ 12:00 Midnight and ~~5:00~~ 6:00 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) Any ~~The~~ Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state with more than 2 persons of the same gender, under 21 years of age, including the driver of the vehicle, and in the vehicle at the same time, other than members of the driver's immediate family; and during the 90 day 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 ~~subparagraph~~ paragraph alone but may be charged with violating this ~~subparagraph~~ paragraph in addition to any other traffic offense.
~~(2)~~(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."

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)(1) 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 ~~may~~ shall also include ~~an actual~~ ~~demonstration of~~ 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. 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.
(2) As shall be prescribed by rule or regulation of the department, any driver training instructor licensed under Chapter 13 of Title 43 may act as a driver´s license examiner on behalf of the department in lieu of a department employee for purposes of this subsection and may charge the driver´s license applicant a fee not exceeding $50.00 for providing such service."

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 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."

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 ~~revoked~~ suspended by the department as provided by this Code section~~, and a driver´s license revoked under this subsection shall not be reinstated~~; provided, however, that a person whose driver´s license has been suspended under this Code section other than for a violation of Code Section 40-6-391 shall be eligible for and may be issued a Class P instruction permit during the last 60 days of the suspension period provided by this Code section. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of ~~revocation~~ 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 ~~revocation~~ 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 ~~revoked~~ suspended under subsection (a) of this Code section shall:
(1) ~~Except~~ 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 ~~revocation~~ 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, ~~be issued a new driver´s license~~ have his or her driver´s license reinstated six months from the date on which the ~~revoked~~ suspended license was surrendered to and received by the department; and
(B) Upon a second or subsequent such ~~revocation~~ 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, ~~be issued a new driver´s license~~ have his or her driver´s license reinstated 12 months from the date on which the ~~revoked~~ suspended license was surrendered to and received by the department; or
(2) If the driver´s license was ~~revoked~~ 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:
(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 ~~and~~ 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 ~~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) 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 ~~revoked~~ suspended pursuant to this Code section, the administrative license suspension period and the license ~~revocation~~ 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 ~~revocation~~ suspension period provided by this Code section.
(c) Any person whose driver´s license is revoked under subsection (a) of this Code section for violation of Code Section 40-6-391 shall not be issued a new driver´s license without submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and payment of a fee equivalent to that required for restoration of a suspended driver´s license under paragraph (1) of subsection (a) of Code Section 40-5-67.2; provided, however, that such fee shall not be required for the issuance of a new driver´s license 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 revoked pursuant to this Code section and the restoration fee was paid for such suspended driver´s license.
~~(d)~~(c) Any ~~person whose~~ driver´s license ~~is revoked~~ suspended under subsection (a) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not ~~be issued a new driver´s license without submitting~~ 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 ~~payment of~~ 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 ~~for the issuance of a new driver´s license~~ 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 ~~revoked~~ suspended pursuant to this Code section and the restoration fee was paid for such administratively suspended driver´s license."

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."

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 ~~revoked~~ suspended by the department as provided by this Code section~~, and a driver´s license revoked under this subsection shall not be reinstated~~; provided, however, that a person whose driver´s license has been suspended under this Code section other than for a violation of Code Section 40-6-391 shall be eligible for and may be issued a Class P instruction permit during the last 60 days of the suspension period provided by this Code section. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of ~~revocation~~ 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 ~~revocation~~ 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 ~~revoked~~ suspended under subsection (a) of this Code section shall:
(1) ~~Except~~ 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 ~~revocation~~ 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, ~~be issued a new driver´s license~~ have his or her driver´s license reinstated six months from the date on which the ~~revoked~~ suspended license was surrendered to and received by the department; and
(B) Upon a second or subsequent such ~~revocation~~ 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, ~~be issued a new driver´s license~~ have his or her driver´s license reinstated 12 months from the date on which the revoked suspended license was surrendered to and received by the department; or
(2) If the driver´s license was ~~revoked~~ 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:
(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 ~~and~~ 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 ~~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) 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 ~~revoked~~ suspended pursuant to this Code section, the administrative license suspension period and the license ~~revocation~~ 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 ~~revocation~~ suspension period provided by this Code section.
(c) Any person whose driver´s license is revoked under subsection (a) of this Code section for violation of Code Section 40-6-391 shall not be issued a new driver´s license without submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and payment of a fee equivalent to that required for restoration of a suspended driver´s license under paragraph (1) of subsection (a) of Code Section 40-5-67.2; provided, however, that such fee shall not be required for the issuance of a new driver´s license 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 revoked pursuant to this Code section and the restoration fee was paid for such suspended driver´s license.
~~(d)~~(c) Any ~~person whose~~ driver´s license ~~is revoked~~ suspended under subsection (a) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not ~~be issued a new driver´s license without submitting~~ become valid and shall remain suspended until such person submits proof of completion of a defensive driving program approved by the department and ~~payment of~~ 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 ~~for the issuance of a new driver´s license~~ 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 ~~revoked~~ suspended pursuant to this Code section and the restoration fee was paid for such administratively suspended driver´s license."