05 HB501/SCSFA/1
SENATE
SUBSTITUTE TO HB 501
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles and traffic, and numerous other provisions of the Official Code of
Georgia Annotated, so as to substantially amend laws relating to operation and
regulation of motor vehicles and substantially revise the state administration
of such laws; to create the Department of Driver Services as a successor agency
to the Department of Motor Vehicle Safety; to provide for the Department of
Driver Services to assume certain responsibilities of the Department of Motor
Vehicle Safety and in particular responsibility for driver´s licensing
services; to substantially amend provisions relative to the issuance of
driver´s licenses, change fees therefor, change the duration thereof,
change the requirements and procedure for issuance thereof, change provisions
relating to suspension and renewal thereof, and make other related changes; to
amend the Official Code of Georgia Annotated so as to transfer into other
departments and agencies responsibility for administration of other laws
relating to motor vehicles, including but not limited to titling, registration,
and licensing of motor vehicles, insuring of motor vehicles and responsibility
for accidents, regulation of vehicle sizes and weights, fuel tax enforcement,
certification and permitting of carriers, handicapped parking permits,
establishment of vehicle and vehicle component safety standards, and
transportation of hazardous materials; to provide for the revision and amendment
of certain laws relating to transferred functions, both in connection with and
in addition to the transfer of functions; to provide for other matters related
to the foregoing; to provide for effective dates; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
Amendments to Chapter 40-16.
Department of Motor Vehicle Safety.
SECTION 1-1.
Amendments to Chapter 40-16.
Department of Motor Vehicle Safety.
SECTION 1-1.
Chapter
16 of Title 40 of the Official Code of Georgia Annotated, relating to the
Department of Motor Vehicle Safety, is amended by striking said chapter in its
entirety and inserting in its place a new chapter to read as
follows:
"CHAPTER
16
40-16-1.
As
used in this chapter, the term:
(1)
'Board' means the Board of
Motor
Vehicle Safety
Driver
Services.
(2)
'Commissioner' means the commissioner of
motor
vehicle safety
driver
services.
(3)
'Department' means the Department of
Motor
Vehicle Safety
Driver
Services.
40-16-2.
(a)
There is created the Department of
Motor
Vehicle Safety
Driver
Services.
The Department
of Driver Services shall be a successor agency to and continuation of the former
Department of Motor Vehicle Safety. The
department shall be the agency primarily responsible for:
(1)
Administration of the laws and regulations relating to registration and titling
of motor vehicles, as provided for in Chapters 2 and 3 of Title 40;
(2)(1)
Administration of the laws and regulations relating to drivers´ licenses,
as provided for in Chapter 5 of
Title
40
this
title;
(3)(2)
Administration of the laws and regulations relating to proof of financial
responsibility, as provided for in Chapter 9 of
Title
40
this
title;
(3)
Administration of laws relating to ignition interlock devices for use by driving
under the influence offenders;
(4)
Administration of laws relating to driver training schools, driver improvement
clinics, DUI Alcohol or Drug Use Risk Reduction Programs, and commercial driving
schools;
(5)
Administration of laws relating to motorcycle safety programs;
(6)
Administration of laws and regulations relating to issuance of limousine
chauffeur permits; and
(7)
Administration of any other laws specifically providing for their administration
by the department.
(b)
Responsibility for the following functions formerly exercised by the Department
of Motor Vehicle Safety is transferred as follows:
(4)(1)
Enforcement
Promulgation
of laws
and regulations relating to the size and
the weights of motor vehicles, trailers, and loads as provided for in Article 2
of Chapter 6 of Title 32
shall be
vested in the Department of Transportation; and administrative enforcement of
such regulations and the law enforcement function of apprehending and citing
violators of such laws and regulations are transferred to the Department of
Public Safety, as well as the function of promulgating regulations relative to
its enforcement function;
(5)(2)
Enforcement of laws and regulations relating to licensing and fuel tax
registration requirements
and the
reporting of violations of said requirements to the state revenue
commissioner
is transferred
to the Department of Public
Safety;
(6)(3)
Administration
and
enforcement anywhere in the state of laws
and regulations relating to
certification
of motor
carriers,
limousine carriers, and hazardous material carriers as provided for in Chapters
7 and 11 of Title 46
and limousine
carriers is transferred to the Public Service Commission and administration of
laws and regulations relating to carrier registration and registration and
titling of vehicles is transferred to the Department of
Revenue;
(4)
Administration of laws relating to motor vehicle franchise practices is
transferred to the Department of Revenue;
(5)
Administration of laws relating to handicapped parking permits is transferred to
the Department of Revenue;
(6)
Responsibility for establishment of safety standards for motor vehicles and
motor vehicle components is generally transferred to the Department of Public
Safety except as may be specifically otherwise provided by law;
(7)
Administration of laws relating to hazardous materials carriers is transferred
to the Department of Public Safety;
(7)(8)
Enforcement of all state laws
but
only on the following properties owned or
controlled by the Department of Transportation or the State Road and Tollway
Authority is
transferred to the Department of Public
Safety: rest areas, truck-weighing
stations or checkpoints, wayside parks, parking facilities, toll facilities, and
any buildings and grounds for public equipment and personnel used for or engaged
in administration, construction, or maintenance of the public roads or research
pertaining thereto;
(8)(9)
Enforcement of Code Section 16-10-24, relating to obstructing or hindering law
enforcement
officers,
but only in those situations involving the obstruction or hindrance of
enforcement officers designated by the department in their official
duties
is transferred
to the Department of Public
Safety;
(9)
Directing and controlling traffic on any public road which is part of the state
highway system but only in areas where maintenance and construction activities
are being performed and at scenes of accidents and emergencies until local
police officers or Georgia State Patrol officers arrive and have the situation
under control;
(10)
Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of
restricted travel lanes
is transferred
to the Department of Public
Safety;
(11)
Enforcement of Code Section 16-11-43, relating to obstructing highways, streets,
sidewalks, or other public passages, on any public road which is part of the
state highway system
is transferred
to the Department of Public
Safety;
(12)
Enforcement of Code Section 16-7-43, relating to littering public or private
property or waters, on any public road which is part of the state highway system
is transferred
to the Department of Public Safety;
and
(13)
Enforcement of Code Section 16-7-24, relating to interference with government
property, on any public road which is part of the state highway system
is transferred
to the Department of Public
Safety;
and.
(14)
Enforcement of any state law when ordered to do so by the Governor.
(b)
In performance of the duties specified in subsection (a) of this Code section,
certified law enforcement officers employed by the department or designated by
the commissioner shall:
(1)
Be authorized to carry firearms;
(2)
Exercise arrest powers;
(3)
Have the power to stop, enter upon, and inspect all motor vehicles using the
public highways for purposes of determining whether such vehicles have complied
with and are complying with this chapter and other laws the administration or
enforcement of which is the responsibility of the department;
(4)
Have the power to examine the facilities where motor vehicles are housed or
maintained and the books and records of motor carriers for purposes of
determining compliance with this chapter and other laws the administration or
enforcement of which is the responsibility of the department; and
(5)
Exercise the powers generally authorized for law enforcement officers in the
performance of the duties specified by this chapter or otherwise to the extent
needed to protect any life or property when the circumstances demand
action.
(c)(b)
In the performance of its duties, the department shall be required to comply
with all applicable federal laws and rules and regulations and shall certify
that the state is in compliance with all provisions and requirements of all
applicable federal-aid acts and programs.
(d)
The commissioner shall authorize enforcement officers of the department to make
use of dogs trained for the purpose of detection of drugs and controlled
substances while such officers are engaged in the performance of their
authorized duties. If such authorized use of such a dog indicates probable cause
to indicate the presence of contraband, the officer or officers shall in those
circumstances have the full authority of peace officers to enforce the
provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled
Substances Act,' and Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug
Act'; provided, however, that the department must immediately notify the local
law enforcement agency and district attorney of the jurisdiction where a seizure
is made.
40-16-2.1.
Annual
reports shall be provided to the General Assembly by the affected departments
with respect to the reorganization provided for in Code Section 40-16-2 and with
respect to other activities of the departments as follows:
(1)
The Department of Driver Services shall provide an annual report which shall
include, together with other information deemed pertinent by the department,
service metrics clearly indicating the department´s ability to meet public
demand for its services; and
(2)
The Department of Public Safety shall provide an annual report which shall
include, together with other information deemed pertinent by the department, the
records of the department with respect to safety inspections and citations
issued.
40-16-3.
(a)
The department shall be under the direction, control, and management of the
Board of
Motor
Vehicle Safety
Driver
Services and the commissioner of
motor
vehicle safety
driver
services. The commissioner shall be
appointed by and serve at the pleasure of the board.
(b)(1)
The Board of
Driver Services shall be a successor to and continuation of
the Board of Motor Vehicle Safety
and
shall consist of nine members. Five members shall be appointed by the Governor
and their terms shall expire as follows: two members on June 30, 2003, and June
30 of each sixth year thereafter; two members on June 30, 2005, and June 30 of
each sixth year thereafter; and one member on June 30, 2007, and June 30 of each
sixth year thereafter. Two members shall be appointed by the Lieutenant Governor
and their terms shall expire as follows: one member on June 30, 2003, and June
30 of each sixth year thereafter and one member on June 30, 2006, and June 30 of
each sixth year thereafter. Two members shall be appointed by the Speaker of the
House and their terms shall expire as follows: one member on June 30, 2003, and
June 30 of each sixth year thereafter and one member on June 30, 2006, and June
30 of each sixth year thereafter. All members except for the initial appointees
shall serve for terms of six years and until their successors are appointed and
qualified.
(2)
All members serving on the Board of Motor Vehicle Safety as of the time the 2005
amendment of this Code section becomes law shall continue to serve as members of
the Board of Driver Services for the remainder of their original terms of office
and shall if necessary hold over beyond the end of those terms until successors
are appointed and qualified.
(c)
The Governor shall designate a member to serve as chairperson of the board. The
chairperson´s term as chairperson shall expire on June 30, 2003, and June
30 of each second year thereafter. The board may elect other officers from among
its membership and may establish bylaws for the conduct of its
business.
(d)
The members of the board shall receive no salary for their service on the board
but any member who is not otherwise a state officer or employee shall receive a
per diem expense allowance as provided in subsection (b) of Code Section
45-7-21.
(e)
The board shall be the general policy-making body for the Department of
Motor
Vehicle Safety
Driver
Services; and the commissioner shall be
the chief executive officer of the department, subject to the policies
established by the board. All rules and regulations promulgated by the
commissioner must be approved by the board before they take effect.
(f)
The commissioner shall receive an annual salary to be set by the board which
shall be his or her total compensation for services as commissioner. The
commissioner shall be reimbursed for all actual and necessary expenses incurred
by him or her in carrying out his or her official duties.
(g)
The commissioner shall take and subscribe before the board an oath to discharge
faithfully and impartially the duties of such office, which oath shall be in
addition to the oath required of all civil officers.
40-16-4.
(a)
The commissioner shall establish such units within the department as he or she
deems proper for its administration and shall designate persons to be directors
and assistant directors of such units to exercise such authority as he or she
may delegate to them in writing.
(b)
The commissioner shall have the authority to employ as many persons as he or she
deems necessary for the administration of the department and for the discharge
of the duties of his or her office. He or she shall issue all necessary
directions, instructions, orders, and rules applicable to such persons. He or
she shall have authority, as he or she deems proper, to employ, assign,
compensate, and discharge employees of the department within the limitations of
the department´s appropriation and the restrictions set forth by
law.
(c)
All employees of the department shall be compensated upon a fixed salary basis
and no person shall be compensated for services to the department on a
commission or contingent fee basis.
(d)
Neither the commissioner nor any officer or employee of the department shall be
given or receive any fee, compensation, loan, gift, or other thing of value in
addition to the compensation and expense allowance provided by law for any
service or pretended service either rendered or to be rendered as commissioner
or as an officer or employee of the department.
(e)
The commissioner shall
delegate to
such officers and employees of the department as he or she may designate the law
enforcement powers and duties of the department as set out in Code Section
40-16-2. All officers and employees to whom such law enforcement powers and
duties are delegated must be certified by the Georgia Peace Officer Standards
and Training Council as having successfully completed the course of training
required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and
Training Act.'
have the
authority to appoint and employ 15 nonuniformed investigators who shall be
certified peace officers pursuant to the provisions of Chapter 8 of Title 35,
the 'Georgia Peace Officer Standards and Training Act.' The investigators shall
have full arrest powers in cases involving internal affairs of the department
and in cases involving fraud in applications for or the issuance of any license,
permit, certificate, or other credential within the jurisdiction of the
department. In such cases, the investigators shall be authorized:
(1)
To investigate Department of Driver Services related crimes committed anywhere
in the state;
(2)
To arrest any person violating the criminal laws of this state;
(3)
To serve and execute warrants after notifying the law enforcement agency of the
local jurisdiction of the intent to serve such warrant or warrants;
(4)
To enforce in general the criminal laws of this state; and
(5)
To carry firearms while performing their duties.
40-16-5.
(a)
Subject to approval by the board, the commissioner shall have the power to make
and publish reasonable rules and regulations not inconsistent with this title or
other laws or with the Constitution of this state or of the United States for
the administration of this chapter or any law which it is his or her duty to
administer.
(b)
The commissioner may prescribe forms as he or she deems necessary for the
administration and enforcement of this chapter or any law which it is his or her
duty to administer.
(c)
The authority granted to the commissioner pursuant to this Code section shall be
exercised at all times in conformity with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act'; provided, however, that regulations governing
motor
common carrier and motor contract carrier
safety, commercial driver
licensing,
and hazardous materials may be adopted by
administrative order referencing compatible federal regulations or standards
without compliance with the procedural requirements of Chapter 13 of Title 50;
provided, further, that such compatible federal regulations or standards shall
be maintained on file by the department and made available for inspection and
copying by the public, by means including but limited to posting on the
department´s computer Internet site.
(d)
Rules and
regulations previously adopted which relate to functions performed by the
Department of Driver Services shall remain of full force and effect as rules and
regulations of the Department of Driver Services until amended, repealed, or
superseded by rules or regulations adopted by the commissioner of driver
services. The following rules and
regulations shall remain of full force and effect as rules and regulations of
the
Department
of Motor Vehicle Safety
referenced
department until amended, repealed, or
superseded by rules or regulations adopted by the
commissioner
of motor vehicle safety
referenced
department:
(1)
All rules and regulations previously adopted
by the
Department of Transportation or the State Transportation Board or the
commissioner of transportation which
relate to functions transferred under this chapter
from
to
the Department of Transportation
to
from
the Department of Motor Vehicle Safety;
(2)
All rules and regulations previously adopted
by the
Public Service Commission which relate to
functions transferred under this chapter
from
to
the Public Service Commission
to
from
the Department of Motor Vehicle Safety;
(3)
All rules and regulations previously adopted
by the
Department of Public Safety or the commissioner of public
safety which relate to functions
transferred under this chapter
from
to
the Department of Public Safety
to
from
the Department of Motor Vehicle Safety;
and
(4)
All rules and regulations previously adopted
by the
Department of Revenue or the state revenue
commissioner which relate to functions
transferred under this chapter
from
to
the Department of Revenue
to
from
the Department of Motor Vehicle
Safety;
and
(5)
All rules and regulations previously adopted which relate to functions
transferred under this chapter from the Department of Human Resources to the
Department of Driver
Services.
(e)
All valid licenses, permits, certificates, and similar authorizations previously
issued by
the
Department of Transportation, the Public Service Commission, the Department of
Public Safety, and the Department of Revenue under laws to be administered by
the Department of Motor Vehicle Safety
any department
or agency with respect to any function transferred as provided in this
chapter shall continue in effect until the
same expire by their terms unless they are suspended, revoked, or otherwise made
ineffective as provided by law.
40-16-5.1.
(a)
Except as otherwise provided in
subsection
(b) of this Code section, no department
motor vehicles shall be used by any
certified
law enforcement officers
investigators
employed by the department except in the discharge of official duties. Any
other equipment shall be used only with the express written approval of the
commissioner.
(b)
The commissioner
shall
may
adopt rules and regulations governing the use of equipment.
The
commissioner may adopt rules and regulations pursuant to which
investigators
(b)(1)
Certified law enforcement officers
employed by the department may use a department motor vehicle while working an
approved off-duty job, provided
that:
any such use
shall comply with such conditions as may be imposed by the commissioner, which
conditions shall include but shall not be limited to a finding of public benefit
and reimbursement to the department by the employer or employee for use of the
vehicle.
(A)
The off-duty employment is of a general nature that is the subject of a contract
between the off-duty employer and the department and is service in which the use
of the department motor vehicle is a benefit to the department or is in
furtherance of the department´s mission;
(B)
The off-duty employer agrees to pay and does pay to the department an amount
determined by the commissioner to be sufficient to reimburse the department for
the use of the vehicle and to pay the off-duty employee sufficient compensation.
Pursuant to such contract, the department shall pay the employee of the
department the compensation earned on off-duty employment whenever such employee
performs such service in a department motor vehicle; and
(C)
The commissioner has specifically approved, in writing, the individual use of
the vehicle by the employee.
(2)(c)
At no time will an off-duty employee be allowed use of a department motor
vehicle at any political function of any kind.
40-16-6.
(a)
The
To the extent
specifically authorized by law, the
commissioner may pursuant to rule or regulation specify and impose civil
monetary penalties for violations of laws, rules, and regulations administered
by the commissioner. Except as may be hereafter authorized by law, the maximum
amount of any such monetary penalty shall not exceed the maximum penalty
authorized by law or rule or regulation for the same violation immediately prior
to July 1,
2001
2005.
(b)
All proceedings for the imposition of civil monetary penalties by the
commissioner and other contested cases to be decided by or under authority of
the commissioner shall be subject to Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.' All such administrative proceedings which are
pending on July 1,
2001
2005,
under laws the administration of which is transferred
to
from
the commissioner
of motor
vehicle safety to another enforcement
agency shall be transferred to the
jurisdiction of
the
commissioner
such other
enforcement agency as of July 1,
2001
2005.
(c)
The
enactment
amendment
of this chapter and the Act by which it is
enacted
amended
shall not affect or abate the status as a crime of any act or omission which
occurred prior to July 1,
2001
2005,
nor shall the prosecution of such crime be abated as a result of such
enactment
amendment.
(d)(1)
As used in this subsection, the term 'anhydrous ammonia' means any substance
identified to contain the compound ammonia which is capable of being utilized in
the production of methamphetamine or any other controlled
substance.
(2)
Any person, firm, or corporation transporting methamphetamine, amphetamine, any
mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or
any mixture containing anhydrous ammonia shall be subject to all rules and
regulations promulgated by the commissioner pursuant to Code Section 46-7-26
governing the safe operation of motor vehicles and drivers and the safe
transportation of hazardous materials.
(3)
Notwithstanding the provisions of subsection (a) of this Code section, the
commissioner may impose civil monetary penalties in an amount not to exceed
$25,000.00 for each violation of any rules and regulations promulgated pursuant
to Code Section 46-7-26 with respect to persons transporting methamphetamine,
amphetamine, any mixture containing either methamphetamine or amphetamine,
anhydrous ammonia, or any mixture containing anhydrous ammonia.
40-16-7.
(a)
The department shall be a budget unit to which funds may be appropriated as
provided in the 'Budget Act,' Part 1 of Article 4 of Chapter 12 of Title 45. The
department shall be an independent and distinct department of state government.
The duties of the department shall be performed by that department and not by
any other agency of state government, and the department shall not perform the
duties of any other agency of state government. The position of commissioner of
motor
vehicle safety
driver
services shall be a separate and distinct
position from any other position in state government. The duties of the
commissioner shall be performed by the commissioner and not by any other officer
of state government, and the commissioner shall not perform the duties of any
other officer of state government.
(b)
Appropriations
to the
Department of Revenue, the Department of Public Safety, the Department of
Transportation, and the Public Service
Commission for functions transferred to
and
from the Department of Motor Vehicle
Safety
pursuant to
this chapter
and other
departments may be transferred to
the
Department of Motor Vehicle Safety
and from such
departments as provided for in Code
Section 45-12-90, relating to disposition of appropriations for duties,
purposes, and objects which have been transferred. Personnel, equipment, and
facilities previously employed
by the
Department of Revenue, the Department of Public Safety, the Department of
Transportation, and the Public Service
Commission for such transferred functions
shall likewise be transferred to the
Department
of Motor Vehicle Safety
appropriate
departments. Contracts relating to functions transferred to and from the
Department of Motor Vehicle Safety and other departments, and any rights of
renewal under such contracts, shall also be transferred to the appropriate
departments. Any disagreement between such
departments as to any such transfers shall be determined by the
Governor.
(c)
Except as specifically provided otherwise by law, all fines and forfeitures
collected for criminal violations cited by the department´s
enforcement
officers
investigators
shall, after deduction from the total fine or forfeiture of the amounts due the
Peace Officers´ Annuity and Benefit Fund and the Sheriffs´ Retirement
Fund of Georgia and any other deductions specified by law, be paid by the clerk
of the court into the fine and forfeiture fund of the county treasurer in the
same manner and subject to the same rules of distribution as other fines and
forfeitures."
PART
II
Amendments to Code Section 3-3-23.1.
Alcoholic beverage offenses.
SECTION 2-1.
Amendments to Code Section 3-3-23.1.
Alcoholic beverage offenses.
SECTION 2-1.
Code
Section 3-3-23.1, relating to punishment for offenses involving furnishing
alcoholic beverages to, and purchasing, attempting to purchase, and possession
of alcoholic beverages by, a person under 21 years of age, is amended by
striking subsection (f) and inserting in its place a new subsection to read as
follows:
"(f)
In addition to any other punishment or sentence, the court may order all persons
convicted under subsection (b) of this Code section or sentenced under
subsection (c) of this Code section to complete a DUI Alcohol or Drug Use Risk
Reduction Program prescribed by the Department of
Human
Resources
Driver
Services within 120 days of such
conviction or sentence. Failure to complete such program within 120 days shall
be contempt of court and shall be punished by a fine of not more than $300.00 or
20 days imprisonment, or both. If the conviction or sentence results from a
charge of unlawful possession of alcoholic beverages while operating a motor
vehicle, the court shall report such conviction or sentence to the Department of
Motor
Vehicle Safety
Driver
Services within ten days after conviction
or
sentencing."
PART
III
Amendments to Article 2 of Chapter 8-2.
Factory built buildings and dwelling units.
SECTION 3-1.
Amendments to Article 2 of Chapter 8-2.
Factory built buildings and dwelling units.
SECTION 3-1.
Article
2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to
factory built buildings and dwelling units, is amended by striking Part 4,
relating to manufactured or mobile homes, and inserting in its place a new part
to read as follows:
"Part
4
Subpart 1
Subpart 1
8-2-180.
As
used in this part, the term:
(1)
'Clerk of superior court' means the clerk of the superior court of the county in
which the property to which the home is or is to be affixed is
located.
(2)
'Commissioner
of motor
vehicle safety'
means the
state revenue commissioner and includes
any county tax commissioner when so authorized by the
state
revenue commissioner
of motor
vehicle safety to act on his or her behalf
in carrying out the responsibilities of this part.
(3)
'Home' means a manufactured home or mobile home.
(4)
'Manufactured home' has the meaning specified in paragraph (4) of Code Section
8-2-160.
(5)
'Mobile home' has the meaning specified in paragraph (6) of Code Section
8-2-160.
8-2-181.
(a)
A manufactured home or mobile home shall constitute personal property and shall
be subject to the 'Motor Vehicle Certificate of Title Act,' Chapter 3 of Title
40, until such time as the home is converted to real property as provided for in
this part.
(b)
A manufactured home or mobile home shall become real property if:
(1)
The home is or is to be permanently affixed on real property and one or more
persons with an ownership interest in the home also has an ownership interest in
such real property; and
(2)
The owner of the home and the holders of all security interests therein execute
and file a Certificate of Permanent Location:
(A)
In the real estate records of the county where the real property is located;
and
(B)
With the commissioner
of motor
vehicle safety.
(c)
The Certificate of Permanent Location shall be in a form prescribed by the
commissioner
of motor
vehicle safety and shall
include:
(1)
The name and address of the owner of the home;
(2)
The names and addresses of the holders of any security interest in and of any
lien upon the home;
(3)
The title number assigned to the home;
(4)
A description of the real estate on which the home is or is to be located,
including the name of the owner and a reference by deed book and page number to
the chain of title of such real property; and
(5)
Any other data the commissioner
of motor
vehicle safety prescribes.
8-2-182.
(a)
When a Certificate of Permanent Location is properly filed with the clerk of
superior court, the clerk shall record such certificate in the same manner as
other instruments affecting the real property described in the certificate and
shall charge and collect the fees usually charged for recording deeds and other
instruments relating to real estate. Such certificate shall be indexed under the
name of the current owner of the real property in both the grantor and grantee
indexes. The clerk shall provide the owner with a certified copy of the
certificate, reflecting its filing, and shall charge and collect the fees
usually charged for the provision of certified copies of documents relating to
real estate.
(b)
Upon receipt of a certified copy of a properly executed Certificate of Permanent
Location, along with the certificate of title, the commissioner
of motor
vehicle safety shall file and retain a
copy of such certificate together with all other prior title records related to
the home. When a properly executed certificate has once been filed, the
commissioner
of motor
vehicle safety shall accept no further
title filings with respect to that home, except as may be necessary to correct
any errors in the department´s records and except as provided in Subparts 2
and 3 of this part.
(c)
When a Certificate of Permanent Location is so filed, the commissioner
of motor
vehicle safety shall issue to the clerk of
the superior court with whom the original Certificate of Permanent Location was
filed confirmation by the commissioner
of motor
vehicle safety that the certificate has
been so filed and the certificate of title has been surrendered.
(d)
Upon receipt of confirmation of the filing of the Certificate of Permanent
Location from the commissioner
of motor
vehicle safety, the clerk of superior
court shall provide a copy of the Certificate of Permanent Location to the
appropriate board of tax assessors or such other local official as is
responsible for the valuation of real property.
8-2-183.
(a)
When a Certificate of Permanent Location has been properly filed with the clerk
of superior court, a certified copy thereof properly filed with the commissioner
of motor
vehicle safety, and the certificate of
title is surrendered, the home shall become for all legal purposes a part of the
real property on which it is located. Without limiting the generality of the
foregoing, the home shall be subject to transfer by the owner of the real
property, subject to any security interest in the real property and subject to
foreclosure of any such interest, in the same manner as and together with the
underlying real property.
(b)
When a home has become a part of the real property as provided in this part, it
shall be unlawful for any person to remove such home from the real property
except with the written consent of the owner of the real property and the
holders of all security interests in the real property and in strict compliance
with the requirements of Subpart 2 of this part. Any person who violates this
subsection shall be guilty of a misdemeanor of a high and aggravated
nature.
Subpart
2
8-2-184.
(a)
A home which has previously become real property shall become personal property
if:
(1)
The manufactured home or mobile home is or is to be removed from the real
property with the written consent of the owner of the real property and the
holders of all security interests therein; and
(2)
The owner of the real property and the holders of all security interests therein
execute and file a Certificate of Removal from Permanent Location:
(A)
With the commissioner
of motor
vehicle safety; and
(B)
In the real estate records of the county where the real property is
located.
(b)
The Certificate of Removal from Permanent Location shall be in a form prescribed
by the commissioner
of motor
vehicle safety and shall
include:
(1)
The name and address of the owner;
(2)
The names and addresses of the holders of any security interest and of any lien;
(3)
The title number formerly assigned to the home;
(4)
A description of the real estate on which the home was previously located,
including the name of the owner and a reference by deed book and page number to
the recording of the former certificate of permanent location; and
(5)
Any other data the commissioner
of motor
vehicle safety prescribes.
8-2-185.
(a)
Upon receipt of a properly executed Certificate of Removal from Permanent
Location, the commissioner
of motor
vehicle safety shall file and retain a
copy of such certificate together with all other prior title records related to
the home and may thereafter issue a new certificate of title for the home. The
commissioner
of motor
vehicle safety shall charge and collect
the fee otherwise prescribed by law for the issuance of a certificate of
title.
(b)
When a Certificate of Removal from Permanent Location is so filed, the
commissioner
of motor
vehicle safety shall return to the filing
party the original of the certificate containing thereon confirmation by the
commissioner
of motor
vehicle safety that the certificate has
been so filed.
8-2-186.
(a)
The clerk of superior court shall not accept a Certificate of Removal from
Permanent Location for filing unless the certificate contains thereon the
confirmation by the commissioner
of motor
vehicle safety that the certificate has
been filed with the commissioner
of motor
vehicle safety.
(b)
When a Certificate of Removal from Permanent Location is properly filed with the
clerk of superior court, the clerk shall record such certificate in the same
manner as other instruments affecting the real property described in the
certificate and shall charge and collect the fees usually charged for recording
deeds and other instruments relating to real estate. Such certificate shall be
indexed under the name of the current owner of the real property in both the
grantor and grantee indexes.
Subpart
3
8-2-187.
(a)
When a home which has previously become real property has been or is to be
destroyed, the owner of the real property and the holders of all security
interests therein shall execute and file a Certificate of
Destruction:
(1)
With the commissioner
of motor
vehicle safety; and
(2)
In the real estate records of the county where the real property is
located.
(b)
The Certificate of Destruction shall be in a form prescribed by the commissioner
of motor
vehicle safety and shall
include:
(1)
The name and address of the owner;
(2)
The names and addresses of the holders of any security interest and of any lien;
(3)
The title number formerly assigned to the home;
(4)
A description of the real estate on which the home was previously located,
including the name of the owner and a reference by deed book and page number to
the recording of the former certificate of permanent location;
(5)
Verification of the destruction by a law enforcement officer; and
(6)
Any other data the commissioner
of motor
vehicle safety prescribes.
8-2-188.
(a)
Upon receipt of a properly executed Certificate of Destruction, the commissioner
of motor
vehicle safety shall file and retain a
copy of such certificate together with all other prior title records related to
the home.
(b)
When a Certificate of Destruction is so filed, the commissioner
of motor
vehicle safety shall issue to the filing
party the original of the certificate containing thereon confirmation by the
commissioner
of motor
vehicle safety that the certificate has
been so filed.
8-2-189.
(a)
The clerk of superior court shall not accept a Certificate of Destruction for
filing unless the certificate contains thereon the confirmation by the
commissioner
of motor
vehicle safety that the certificate has
been filed with the commissioner
of motor
vehicle safety.
(b)
When a Certificate of Destruction is properly filed with the clerk of superior
court, the clerk shall record such certificate in the same manner as other
instruments affecting the real property described in the certificate and shall
charge and collect the fees usually charged for recording deeds and other
instruments relating to real estate. Such certificate shall be indexed under the
name of the current owner of the real property in both the grantor and grantee
indexes.
Subpart
4
8-2-190.
A
manufactured or mobile home which constitutes real property shall not be subject
to Article 10 of Chapter 5 of Title 48 but shall instead be taxed as real
property and a part of the underlying real estate.
8-2-191.
The
commissioner
of motor
vehicle safety shall charge a fee of
$18.00 for any filing under this
part."
PART
IV
Amendments to Title 10.
Commerce and trade.
SECTION 4-1.
Amendments to Title 10.
Commerce and trade.
SECTION 4-1.
Title
10 of the Official Code of Georgia Annotated, relating to commerce and trade, is
amended in Code Section 10-1-350, relating to definitions applicable to
secondary metals recyclers, by striking paragraph (5) and inserting in its place
a new paragraph to read as follows:
"(5)
'Personal identification card' means a driver´s license or identification
card issued by the Department of
Motor
Vehicle Safety
Driver
Services or a similar card issued by
another state, a military identification card, a passport, or an appropriate
work authorization issued by the
United
States Immigration and Naturalization
Service
U.S.
Citizenship and Immigration Services of the Department of Homeland
Security."
SECTION
4-2.
Said
Title 10 is further amended in Code Section 10-1-393, relating to prohibited
unfair or deceptive practices in consumer transactions, by striking paragraph
(28) of subsection (b) and inserting in its place a new paragraph to read as
follows:
"(28)
Any violation of the rules and regulations promulgated by the Department of
Human
Resources
Driver
Services pursuant to subsection (e) of
Code Section 40-5-83 which relates to the consumer transactions and business
practices of DUI Alcohol or Drug Use Risk Reduction Programs, except that the
Department of
Human
Resources
Driver
Services shall retain primary jurisdiction
over such
complaints;".
SECTION
4-3.
Said
Title 10 is further amended in Code Section 10-1-645, relating to warranty
reimbursement policies under the "Georgia Motor Vehicle Franchise Practices
Act," by striking subsection (d) and inserting in its place a new subsection to
read as follows:
"(d)
If a franchisor contracts with its dealers, the franchisor shall certify under
oath to the Department of
Motor
Vehicle Safety
Revenue
that a majority of the dealers of that line make did agree to such an agreement
and file a sample copy of the agreement. On an annual basis, each dealer shall
certify under oath to the department that the reimbursement costs it recovers
under subparagraph (c)(2)(A) of this Code section do not exceed the amounts
authorized by subparagraph (c)(2)(A) of this Code section. The franchisor shall
maintain for a period of three years a file that contains the information upon
which its certification is
based."
SECTION
4-4.
Said
Title 10 is further amended by striking Code Sections 10-1-665, 10-1-666, and
10-1-667, relating to respectively to definitions, enforcement, and
administrative review under the "Georgia Motor Vehicle Franchise Practices Act,"
and inserting in their place new Code sections to read as follows:
"10-1-665.
As
used in this part, the term:
(1)
'Commissioner' means the
state
revenue commissioner
of motor
vehicle safety.
(2)
'Department' means the Department of
Motor
Vehicle Safety
Revenue.
10-1-666.
As
an alternative to and in addition to any civil or criminal enforcement of this
article, the
state
revenue commissioner
of motor
vehicle safety by and through the
Department of
Motor
Vehicle Safety
Revenue
is authorized to enforce the provisions of this article and any order issued
pursuant to the enforcement of this article.
10-1-667.
Any
dealer, distributor, or manufacturer who is aggrieved by a violation of any
provision of this article may file a petition with the Department of
Motor
Vehicle Safety
Revenue
setting forth the facts supporting the allegation of such violation. The
commissioner shall issue an administrative order, whenever the commissioner,
after notice to all parties and after a hearing, determines that a violation of
this article or any order issued under this article has occurred. The notice
and the hearing and any administrative review thereof shall be conducted in
accordance with the procedure for contested cases under Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act.' Any party who has exhausted all
administrative remedies available and who is aggrieved or adversely affected by
a final order or action of the commissioner shall have the right of judicial
review thereof in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.' The commissioner or the prevailing party may
file, in the superior court in the county wherein the party under order resides
or, if such party is a corporation, in the county wherein the corporation
maintains its established place of business or its agent for service of process
is located, or in the county wherein the violation occurred, a certified copy of
a final order of the commissioner, whether unappealed from or affirmed upon
appeal, whereupon the court shall render judgment in accordance therewith and
notify the parties. Such judgment shall have the same effect and proceedings in
relation thereto shall thereafter be the same as though the judgment had been
rendered in an action duly heard and determined by the court. The remedy
prescribed in this Code section shall be concurrent, alternative, and cumulative
with any and all other civil, criminal, or alternative rights, remedies,
forfeitures, or penalties provided, allowed, or available under the laws of this
state."
PART
V
Amendments to Title 15.
Courts.
SECTION 5-1.
Amendments to Title 15.
Courts.
SECTION 5-1.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended in
Code Section 15-11-66, relating to disposition of delinquent children in
juvenile court proceedings, by striking subsection (b) and inserting in its
place a new subsection to read as follows:
"(b)
At the conclusion of the dispositional hearing provided in subsection (a) of
Code Section 15-11-65, if the child is found to have committed a delinquent act,
the court may, in addition to any other treatment or rehabilitation, suspend the
driver´s license of such child for any period not to exceed the date on
which the child becomes 18 years of age or, in the case of a child who does not
have a driver´s license, prohibit the issuance of a driver´s license
to such child for any period not to exceed the date on which the child becomes
18 years of age. The court shall retain the driver´s license for a period
of suspension and return it to the offender at the end of such period. The
court shall notify the Department of
Motor
Vehicle Safety
Driver
Services of any such actions taken
pursuant to this subsection. If the child is adjudicated for the commission of
a delinquent act, the court may in its discretion, in addition to any other
treatment or rehabilitation, order the child to serve up to a maximum of 90 days
in a youth development center, or after assessment and with the court´s
approval, in a treatment program provided by the Department of Juvenile Justice
or the juvenile
court."
SECTION
5-2.
Said
Title 15 is further amended in Code Section 15-11-73, relating to juvenile
traffic offenses, by striking subsections (g) and (j) and inserting in their
respective places new subsections to read as follows:
"(g)
Disposition.
If the court finds on the admission of the child or upon the evidence that the
child committed the offense charged, it may make one or more of the following
orders:
(1)
Reprimand, counsel, or warn the child and the child´s parents; provided,
however, that this dispositional order is not available for any offense listed
in subsection (c) of this Code section;
(2)
As a matter of probation or if the child is committed to the custody of the
state, order the Department of
Motor
Vehicle Safety
Driver
Services to suspend the child´s
privilege to drive under stated conditions and limitations for a period not to
exceed 12 months;
(3)
Require the child to attend a traffic school
conducted
approved
by the Department of
Motor
Vehicle Safety
Driver
Services or a substance abuse clinic or
program approved by either the Department of Human Resources or the Council of
Juvenile Court Judges for a reasonable period of time;
(4)
Order the child to remit to the general fund of the county a sum not exceeding
the maximum applicable to an adult for a like offense;
(5)
Require the child to participate in a program of community service as specified
by the court;
(6)
Impose any sanction authorized by Code Section 15-11-66, 15-11-67, or 15-11-68;
or
(7)
Place the child on probation subject to the conditions and limitations imposed
by Title 40 on probation granted to adults for like offenses, but such probation
shall be supervised by the court as provided in Code Section
15-11-66."
"(j)
Reporting
procedure. Upon finding that the child
has committed a juvenile traffic offense or a delinquent offense which would be
a violation of Title 40 if committed by an adult, the court shall forward,
within ten days, a report of the final adjudication and disposition of the
charge to the Department of
Motor
Vehicle Safety
Driver
Services; provided, however, that this
procedure shall not be applicable to those cases which have been dismissed or in
which the child and the child´s parents have been reprimanded, counseled,
or warned by the court pursuant to paragraph (1) of subsection (g) of this Code
section. The Department of
Motor
Vehicle Safety
Driver
Services shall record the adjudication and
disposition of the offense on the child´s permanent record and such
adjudication and disposition shall be deemed a conviction for the purpose of
suspending or revoking the individual´s driver´s license. Such record
shall also be available to law enforcement agencies and courts as are the
permanent traffic records of
adults."
SECTION
5-3.
Said
Title 15 is further amended Code Section 15-12-40, relating to compilation,
maintenance, and revision of jury lists, by striking paragraph (1) of subsection
(a) and inserting in its place a new paragraph to read as follows:
"(1)
At least biennially, unless otherwise directed by the chief judge of the
superior court, the board of jury commissioners shall compile, maintain, and
revise a trial jury list of upright and intelligent citizens of the county to
serve as trial jurors and a grand jury list of the most experienced,
intelligent, and upright citizens of the county to serve as grand jurors. In
composing the trial jury list, the board of jury commissioners shall select a
fairly representative cross section of the intelligent and upright citizens of
the county. In composing the grand jury list, the board of jury commissioners
shall select a fairly representative cross section of the most experienced,
intelligent, and upright citizens of the county. In carrying out revisions of
the trial jury list and grand jury list on or after July 1, 2002, the board of
jury commissioners shall make use of all of the following:
(A)
A list of all residents of the county who are the holders of drivers´
licenses or personal identification cards issued by the Department of
Motor
Vehicle Safety
Driver
Services pursuant to the provisions of
Chapter 5 of Title 40; and the Department of
Motor
Vehicle Safety
Driver
Services shall periodically make such a
list available to the board of jury commissioners of each county;
(B)
The registered voters list in the county; and
(C)
Any other list of persons resident in the county as may be deemed appropriate by
the board of jury commissioners.
The
Department of
Motor
Vehicle Safety
Driver
Services shall provide a list, which
includes the name, address, date of birth, gender, driver´s license or
personal identification card number issued pursuant to the provisions of Chapter
5 of Title 40, and, whenever racial and ethnic information is collected by the
Department of
Motor
Vehicle Safety
Driver
Services for purposes of voter
registration pursuant to Code Section 21-2-221, racial and ethnic information,
to the board of jury commissioners of each county. No jury list compiled prior
to July 1, 2002, shall be rendered invalid by the use of or a failure to make
use of the sources specified in this Code section; but each revision of the jury
list on or after that date shall make use of all such sources to the extent
actually available to the board of jury
commissioners."
PART
VI
Amendments to Article 4 of Chapter 16-8.
Motor vehicle chop shops.
SECTION 6-1.
Amendments to Article 4 of Chapter 16-8.
Motor vehicle chop shops.
SECTION 6-1.
Article
4 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating
to motor vehicle chop shops, is amended in Code Section 16-8-82, relating to
definitions applicable to said article, by striking paragraph (5) and inserting
in its place a new paragraph to read as follows:
"(5)
'Vehicle identification number' includes, but is not limited to, a number or
numbers, a letter or letters, a character or characters, a datum or data, a
derivative or derivatives, or a combination or combinations thereof, used by the
manufacturer or the Department of
Motor
Vehicle Safety
Revenue
for the purpose of uniquely identifying a motor vehicle or motor vehicle
part."
SECTION
6-2.
Said
Article 4 of Chapter 8 of Title 16 is further amended in Code Section 16-8-85,
relating to forfeiture of seized property, by striking paragraph (2) of
subsection (f) and subsections (k), (l), and (r) and inserting in their
respective places a new paragraph and subsections to read as
follows:
"(2)
The prosecutor shall give notice of the forfeiture proceeding by mailing a copy
of the complaint in the forfeiture proceeding to each person whose right, title,
or interest is of record in the Department of
Motor
Vehicle Safety
Revenue,
the Department of Transportation, the Federal Aviation Agency, or any other
department or agency of this state, any other state or territory of the United
States, or of the federal government if such property is required to be
registered with any such department or
agency."
"(k)
No motor vehicle or motor vehicle part shall be forfeited under this Code
section solely on the basis that it is unidentifiable. Instead of forfeiture,
any seized motor vehicle or motor vehicle part which is unidentifiable shall be
the subject of a written report sent by the seizing agency to the Department
of Motor
Vehicle Safety
Revenue,
which report shall include a description of the motor vehicle or motor vehicle
part, including its color, if any; the date, time, and place of its seizure; the
name of the person from whose possession or control it was seized; the grounds
for its seizure; and the location where the same is held or stored.
(l)
When a seized unidentifiable motor vehicle or motor vehicle part has been held
for 60 days or more after the notice to the Department of
Motor
Vehicle Safety
Revenue
specified in subsection (k) of this Code section has been given, the seizing
agency, or its agent, shall cause the motor vehicle or motor vehicle part to be
sold at a public sale to the highest bidder. Notice of the time and place of
sale shall be posted in a conspicuous place for at least 30 days prior to the
sale on the premises where the motor vehicle or motor vehicle part has been
stored."
"(r)
When an applicant for a certificate of title or salvage certificate of title
presents to the Department of
Motor
Vehicle Safety
Revenue
proof that the applicant purchased or acquired a motor vehicle at public sale
conducted pursuant to this Code section and such fact is attested to by the
seizing agency, the Department of
Motor
Vehicle Safety
Revenue
shall issue a certificate of title or a salvage certificate of title, as
determined by the
state
revenue commissioner
of motor
vehicle safety, for such motor vehicle
upon receipt of the statutory fee, a properly executed application for a
certificate of title or other certificate of ownership, and the affidavit of the
seizing agency that a state assigned number was applied for and affixed to the
motor vehicle prior to the time that the motor vehicle was released by the
seizing agency to the
purchaser."
PART
VII
Amendments to Title 17.
Criminal procedure.
SECTION 7-1.
Amendments to Title 17.
Criminal procedure.
SECTION 7-1.
Title
17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended in Code Section 17-5-50, relating to handling and disposition of seized
property, by striking paragraph (2) of subsection (b) and inserting in its place
a new paragraph to read as follows:
"(2)
If the person from whom custody of the property was taken fails to assert a
claim to such property, upon any applicant furnishing satisfactory proof of
ownership of such property and presentation of proper personal identification,
the person in charge of the property section may deliver such property to the
applicant. The person to whom property is delivered shall sign, under penalty of
false swearing, a declaration of ownership, which shall be retained by the
person in charge of the property section. Such declaration, absent any other
proof of ownership, shall be deemed satisfactory proof of ownership for the
purposes of this Code section; provided, however, that, in the case of motor
vehicles, trailers, tractors, or motorcycles which are required to be registered
with the state
revenue commissioner
of motor
vehicle safety, any such stolen vehicle
shall be returned to the person evidencing ownership of such vehicle through a
certificate of title, tag receipt, bill of sale, or other such evidence. The
stolen vehicle shall be returned to the person evidencing ownership within two
days after such person makes application for the return of such vehicle unless a
hearing on the ownership of such vehicle is required under this Code section or
unless law enforcement needs the stolen vehicle for further criminal
investigation purposes. Prior to such delivery, such person in charge of the
property section shall make and retain a complete photographic record of such
property. Such delivery shall be without prejudice to the state or to the person
from whom custody of the property was taken or to any other person who may have
a claim against the
property."
SECTION
7-2.
Said
Title 17 is further amended in Code Section 17-6-2, relating to bail in
misdemeanor cases, by striking paragraphs (3) and (4) of subsection (a) and
inserting in their place new paragraphs to read as follows:
"(3)
A failure to appear by the individual who has been charged with a misdemeanor
offense and who posted that individual´s license as bail pursuant to this
subsection shall, by operation of law, cause that individual´s license to
be suspended by the Department of
Motor
Vehicle Safety
Driver
Services effective immediately, and the
clerk of the court within five days after that failure to appear shall forward a
copy of the agreement to the Department of
Motor
Vehicle Safety
Driver
Services which shall enter the suspension
upon the individual´s driver history record. The posting of a license as
provided in this subsection shall also be considered as bail for the purposes of
Code Section 16-10-51. Where the original court date has been continued by the
judge, clerk, or other officer of the court and there has been actual notice
given to the defendant in open court or in writing by a court official or
officer of the court or by mailing such notice to the defendant´s last
known address, then the provisions of this paragraph shall apply to the new
court appearance date.
(4)
A license suspended pursuant to this subsection shall only be reinstated when
the individual shall pay to the Department of
Motor
Vehicle Safety
Driver
Services a restoration fee of $25.00
together with a certified notice from the clerk of the originating court that
the case has either been disposed of or has been rescheduled and a deposit of
sufficient collateral approved by the sheriff of the county wherein the charges
were made in an amount to satisfy the original bail amount has been paid. The
court wherein the charges are pending shall be authorized to require payment of
costs by the defendant in an amount not to exceed $100.00 to reschedule the
case."
SECTION
7-3.
Said
Title 17 is further amended by striking Code Section 17-6-11, relating to
display of driver´s license in lieu of bail, and inserting in its place a
new Code section to read as follows:
"17-6-11.
(a)
Any other laws to the contrary notwithstanding, any person who is apprehended by
an officer for the violation of the laws of this state or ordinances relating
to: (1) traffic, including any offense under Code Section 40-5-72 or 40-6-10,
but excepting any other offense for which a license may be suspended for a first
offense by the commissioner of
motor
vehicle safety
driver
services, any offense covered under Code
Section 40-5-54, or any offense covered under Article 15 of Chapter 6 of Title
40; (2) the licensing and registration of motor vehicles and operators; (3) the
width, height, and length of vehicles and loads; (4) motor common carriers and
motor contract carriers; or (5) road taxes on motor carriers as provided in
Article 2 of Chapter 9 of Title 48 upon being served with the official summons
issued by such apprehending officer, in lieu of being immediately brought before
the proper magistrate, recorder, or other judicial officer to enter into a
formal recognizance or make direct the deposit of a proper sum of money in lieu
of a recognizance ordering incarceration, may display his or her driver´s
license to the apprehending officer in lieu of bail, in lieu of entering into a
recognizance for his or her appearance for trial as set in the aforesaid
summons, or in lieu of being incarcerated by the apprehending officer and held
for further action by the appropriate judicial officer. The apprehending officer
shall note the driver´s license number on the official summons. The summons
duly served as provided in this Code section shall give the judicial officer
jurisdiction to dispose of the matter.
(b)
Upon display of the driver´s license, the apprehending officer shall
release the person so charged for his or her further appearance before the
proper judicial officer as required by the summons. The court in which the
charges are lodged shall immediately forward to the Department of
Motor
Vehicle Safety
Driver
Services of this state the driver´s
license number if the person fails to appear and answer to the charge against
him or her. The commissioner of
motor
vehicle safety
driver
services shall, upon receipt of a license
number forwarded by the court, suspend the driver´s license and driving
privilege of the defaulting person until notified by the court that the charge
against the person has been finally adjudicated. Such person´s license
shall be reinstated if the person submits proof of payment of the fine from the
court of jurisdiction and pays to the Department of
Motor
Vehicle Safety
Driver
Services a restoration fee of
$35.00
$50.00
or $25.00 when such reinstatement is processed by mail.
(b.1)
It shall be the duty of a law enforcement officer or emergency medical
technician responding to the scene of any motor vehicle accident or other
accident involving a fatal injury to examine immediately the driver´s
license of the victim to determine the victim´s wishes concerning organ
donation. If the victim has indicated that he or she wishes to be an organ
donor, it shall be the duty of such law enforcement officer or emergency medical
technician to take appropriate action to ensure, if possible, that the
victim´s organs shall not be imperiled by delay in verification by the
donor´s next of kin.
(c)
Nothing in this Code section bars any law enforcement officer from arresting or
from seizing the driver´s license of any individual possessing a fraudulent
license or a suspended license or operating a motor vehicle while his or her
license is suspended, outside the scope of a driving permit, or without a
license.
(d)
The commissioner of
motor
vehicle safety
driver
services shall be authorized to promulgate
reasonable rules and regulations to carry out the purposes of this Code section
and to establish agreements with other states whereby a valid license from that
state may be accepted for purposes of this Code
section."
SECTION
7-4.
Said
Title 17 is further amended in Code Section 17-10-3, relating to punishment for
misdemeanors, by striking subsections (d) and (e) and inserting in their place
new subsections to read as follows:
"(d)
In addition to or instead of any other penalty provided for the punishment of a
misdemeanor involving a traffic offense, or punishment of a municipal ordinance
involving a traffic offense, with the exception of habitual offenders sentenced
under Code Section 17-10-7, a judge may impose any one or more of the following
sentences:
(1)
Reexamination by the Department of
Motor
Vehicle Safety
Driver
Services when the judge has good cause to
believe that the convicted licensed driver is incompetent or otherwise not
qualified to be licensed;
(2)
Attendance at, and satisfactory completion of, a driver improvement course
meeting standards approved by the court;
(3)
Within the limits of the authority of the charter powers of a municipality or
the punishment prescribed by law in other courts, imprisonment at times
specified by the court or release from imprisonment upon such conditions and at
such times as may be specified; or
(4)
Probation or suspension of all or any part of a penalty upon such terms and
conditions as may be prescribed by the judge. The conditions may include driving
with no further motor vehicle violations during a specified time unless the
driving privileges have been or will be otherwise suspended or revoked by law;
reporting periodically to the court or a specified agency; and performing, or
refraining from performing, such acts as may be ordered by the
judge.
(e)
Any sentence imposed under subsection (d) of this Code section shall be reported
to the Department of
Motor
Vehicle Safety
Driver
Services as prescribed by
law."
PART
VIII
Amendments to Chapter 19-11.
Child support enforcement.
SECTION 8-1.
Amendments to Chapter 19-11.
Child support enforcement.
SECTION 8-1.
Chapter
11 of Title 19, relating enforcement of duty of support, is amended in Code
Section 19-11-9.1, relating to information used for support enforcement
purposes, by striking subsection (a.1) and inserting in its place a new
subsection to read as follows:
"(a.1)(1)
In accordance with the mandate contained in 42 U.S.C. Section 666(a)(13)(A) and
notwithstanding any provision of Title 40 relating to motor vehicles as now
existing or hereafter amended, the Department of
Motor
Vehicle Safety
Driver
Services shall require an applicant for a
driver´s license, a commercial driver´s license, a learner´s
permit, or an identification card to provide to the Department of
Motor
Vehicle Safety
Driver
Services the applicant´s social
security number or certification from the Social Security Administration that
the applicant is not eligible for issuance of a social security number
because he or
she is an alien not authorized to work in the United
States as part of the application.
Notwithstanding the foregoing, nothing in this Code section shall be construed
so as to authorize the issuance of any driver´s license, permit, or
identification card to any person who is not
either a
United States citizen or an alien with legal authorization from the United
States Immigration and Naturalization
Service
a resident as
defined in Code Section 40-5-1. If the
Immigration
and Naturalization Service status
legal
authorization of such person is terminated
or expired, any Georgia driver´s license issued to such person shall be
revoked. The Department of
Motor
Vehicle Safety
Driver
Services shall provide to the Department
of Human Resources, in addition to other information required to be provided to
the Department of Human Resources, such social security numbers of individuals
who have been issued a driver´s license, a commercial driver´s
license, a learner´s permit, or an identification card. The Department of
Human Resources shall use the information provided by the Department of
Motor
Vehicle Safety
Driver
Services pursuant to this Code section for
the purpose of complying with the requirements of law concerning the enforcement
of child support.
(2)
In accordance with the mandate contained in 42 U.S.C. Section 666(a)(13)(A) and
notwithstanding any provision of Chapter 2 of Title 27 relating to licenses and
permits as now existing or hereafter amended, the Department of Natural
Resources shall require an applicant for a license or permit pursuant to Chapter
2 of Title 27 to provide to the Department of Natural Resources the
applicant´s social security number as a part of the license or permit
application. The Department of Natural Resources shall provide to the
Department of Human Resources, along with other information required to be
provided to the Department of Human Resources, the social security numbers of
individuals who have been issued a license or permit pursuant to Chapter 2 of
Title 27. The Department of Human Resources shall use the information provided
by the Department of Natural Resources pursuant to this Code section for the
purpose of complying with the requirements of law concerning the enforcement of
child support.
(3)
The information collected by the Department of
Motor
Vehicle Safety
Driver
Services and the Department of Natural
Resources and transmitted to the Department of Human Resources pursuant to
paragraphs (1) and (2) of this subsection shall be deemed confidential and not
subject to public disclosure
but may be
shared with other state agencies as needed to comply with federal
law."
SECTION
8-2.
Said
Chapter 11 of Title 19 is further amended in Code Section 19-11-18, relating to
collection procedures, notice, and judicial review by striking subparagraph
(b)(3)(C) and inserting in its place a new subparagraph to read as
follows:
"(C)
With respect to motor vehicles for which a certificate of title is required
pursuant to Chapter 3 of Title 40, the IV-D agency may file notice of a child
support lien with the social security number of the obligor noted thereon with
the Department of
Motor
Vehicle Safety
Revenue.
A child support lien shall become perfected as of the date a certificate of
title showing the child support lien is issued by the department and the
permanent records of the department are changed to reflect such lien. A filed or
recorded but unperfected child support lien shall be valid against the obligor.
A filed or recorded but unperfected child support lien shall not constitute
actual or constructive notice to and shall not be valid against owners of the
motor vehicle who are not the obligor and shall not constitute actual or
constructive notice to and shall not be valid against individuals or entities
which become transferees of the motor vehicle prior to perfection, creditors of
the obligor, or holders of security interests or liens in the motor vehicle
which have been perfected in accordance with Chapter 3 of Title 40 prior to
perfection of the child support lien. A child support lien perfected as provided
in this subparagraph shall be subordinate to any security interest or lien which
has been perfected prior to the perfection of the child support lien and shall
be subordinate to mechanic´s liens regardless of when
perfected."
PART
IX
Amendments to Title 20.
Education.
SECTION 9-1.
Amendments to Title 20.
Education.
SECTION 9-1.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
in Code Section 20-2-142, relating to prescribed courses of education in public
elementary and secondary schools, by striking subsection (b) and inserting in
its place a new subsection to read as follows:
"(b)(1)
The State Board of Education and the Board of
Public
Safety
Driver
Services shall jointly establish an
alcohol and drug course for the purpose of informing the young people of this
state of the dangers involved in consuming alcohol or certain drugs in
connection with the operation of a motor vehicle. The course shall be designed
to generate greater interest in highway safety and accident prevention. The
state board and the Board of
Public
Safety
Driver
Services shall jointly, by rules or
regulations, determine the contents of the course and its duration. The
commissioner of
public
safety
driver
services shall make available officers,
employees, officials, agents, contractors, or other appropriate representatives
as determined by the commissioner of
the
Department of Public Safety
driver
services to teach the alcohol and drug
course. The alcohol and drug course shall be offered periodically but not less
than once annually in the public schools of this state to students in grades
nine and above in the manner prescribed by the state board.
(2)
All schools with grade nine or above which receive funds in any manner from the
state shall make available to eligible students the alcohol and drug course
provided in paragraph (1) of this subsection.
(3)
The commissioner of
public
safety
driver
services shall make the alcohol and drug
course, and instructors where necessary, available to the private schools in
this state. In addition, the commissioner of
public
safety
driver
services shall offer the alcohol and drug
course periodically at various locations in the state in the manner provided by
the Board of
Public
Safety
Driver
Services."
SECTION
9-2.
(a)
Said Title 20 is further amended in Code Section 20-2-701, relating to
enforcement of required school attendance, by striking subsection (c) of the
Code section, as amended by Section 11B of Ga. L. 2004, p. 107, and inserting in
its place a new subsection to read as follows:
"(c)
Local school superintendents or visiting teachers and attendance officers shall
report to the State Board of Education, which shall, in turn, report to the
Department of
Motor
Vehicle Safety
Driver
Services any child 14 years of age or
older who does not meet the attendance requirements contained in subsection
(a.1) of Code Section 40-5-22. Such report shall include the child´s name,
current address, and social security number, if
known."
(b)
This section of this Act shall become effective only when subsection (c) of Code
Section 20-2-701 becomes effective as provided in subsection (d) of that Code
section, as amended by Section 11B of Ga. L. 2004, p. 107.
PART
X
Amendments to Chapter 21-2.
The "Georgia Election Code."
SECTION 10-1.
Amendments to Chapter 21-2.
The "Georgia Election Code."
SECTION 10-1.
Chapter
2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election
Code" is amended in Code Section 21-2-220, relating to application for voter
registration, by striking subsection (a) and inserting in its place a new
subsection to read as follows:
"(a)
Any person desiring to register as an elector shall apply to do so by making
application to a registrar or deputy registrar of such person´s county of
residence in person, by submission of the federal post card application form as
authorized under Code Section 21-2-219, by making application through the
Department of
Motor
Vehicle Safety
Driver
Services as provided in Code Section
21-2-221, by making application through the Department of Natural Resources as
provided in Code Section 21-2-221.1, by making application through designated
offices as provided in Code Section 21-2-222, or by making application by mail
as provided in Code Section
21-2-223."
SECTION
10-2.
Said
Chapter 2 of Title 21 is further amended by striking Code Section 21-2-221,
relating to driver´s license or identification card application as
application for voter registration, and inserting in its place a new Code
section to read as follows:
"21-2-221.
(a)
Each application to obtain, renew, or change the name or address on a
driver´s license or identification card issued by the Department of
Motor
Vehicle Safety
Driver
Services pursuant to Chapter 5 of Title 40
made by an applicant who is within six months of such applicant´s
eighteenth birthday or older shall also serve as an application for voter
registration unless the applicant declines to register to vote through specific
declination or by failing to sign the voter registration
application.
(b)
The commissioner of
motor
vehicle safety
driver
services and the Secretary of State shall
agree upon and design such procedures and forms as will be necessary to comply
with this Code section.
(c)
The forms designed by the commissioner of
motor
vehicle safety
driver
services and the Secretary of
State:
(1)
Shall not require the applicant to duplicate any information required in the
driver´s license portion of the application with the exception of a second
signature;
(2)
Shall include such information as required on other voter registration cards
issued by the Secretary of State;
(3)
Shall contain a statement that states each eligibility requirement contained in
Code Section 21-2-216, that contains an attestation that the applicant meets
each such requirement, and that requires the signature of the applicant under
penalty of perjury; and
(4)
Shall include, in print that is identical to that used in the attestation, the
penalties provided by law for submission of a false voter registration
application; and a statement that, if an applicant declines to register to vote,
the fact that the applicant has declined to register will remain confidential
and will be used only for voter registration purposes.
(d)
Any change of address submitted to the Department of
Motor
Vehicle Safety
Driver
Services for the purpose of changing the
information contained on a driver´s license or identification card issued
by the Department of
Motor
Vehicle Safety
Driver
Services shall serve as a notification of
change of address for voter registration unless the registrant states that at
the time of submitting the change of address that the change of address is not
for voter registration purposes.
(e)
The Department of
Motor
Vehicle Safety
Driver
Services shall transmit the completed
applications for voter registration to the Secretary of State at the conclusion
of each business day. The Secretary of State shall forward the applications to
the appropriate county board of registrars to determine the eligibility of the
applicant and, if found eligible, to add the applicant´s name to the list
of electors and to place the applicant in the correct precinct and voting
districts.
(f)
The Department of
Motor
Vehicle Safety
Driver
Services shall maintain such statistical
records on the number of registrations and declinations as requested by the
Secretary of State.
(g)
No information relating to the failure of an applicant for a driver´s
license or identification card issued by the Department of
Motor
Vehicle Safety
Driver
Services to sign a voter registration
application may be used for any purpose other than voter
registration.
(h)
The Secretary of State and the commissioner of
motor
vehicle safety
driver
services shall have the authority to
promulgate rules and regulations to provide for the transmission of voter
registration applications and signatures electronically. Such electronically
transmitted signatures shall be valid as signatures on the voter registration
application and shall be treated in all respects as a manually written original
signature and shall be recognized as such in any matter concerning the voter
registration
application."
PART
XA
Amendment to Code Section 24-3-17.
Evidentiary use of records.
SECTION 10A-1.
Amendment to Code Section 24-3-17.
Evidentiary use of records.
SECTION 10A-1.
Code
Section 24-3-17, relating to evidentiary use of certain departmental records, is
amended by striking said Code section in its entirety and inserting in lieu
thereof the following:
"24-3-17.
(a)
A certified copy of any record of the Department of Public Safety or
the Department
of Driver Services or comparable agency in
any other state is admissible in any judicial proceedings or administrative
hearing in the same manner as the original of the record.
(b)
Any court may receive and use as evidence in any case information otherwise
admissible from the records of the Department of Public Safety
or the
Department of Driver Services obtained
from any terminal lawfully connected to the Georgia Crime Information Center
without the need for additional certification of those records.
(c)
Any court may receive and use as evidence for the purpose of imposing a sentence
in any criminal case information otherwise admissible from the records of the
Department of Driver Services obtained from a request made in accordance with a
contract with the Georgia Technology Authority for immediate on-line electronic
furnishing of
information."
PART
XI
Amendment to Code Section 27-2-3.1.
Hunting licenses and sportsman´s licenses.
SECTION 11-1.
Amendment to Code Section 27-2-3.1.
Hunting licenses and sportsman´s licenses.
SECTION 11-1.
Code
Section 27-2-3.1, relating to hunting licenses and sportsman´s licenses, is
amended by striking subsection (e) and inserting in its place a new subsection
to read as follows:
"(e)
The requirements in this title for procuring any license, stamp, or permit for
noncommercial hunting and fishing privileges shall be satisfied by a resident or
nonresident who procures a lifetime sportsman´s license. An applicant for
such license who is a resident shall, prior to the issuance of the license,
provide satisfactory evidence of residency. An applicant for such license who is
a nonresident shall not be eligible for issuance of such license unless he or
she is under 16 years of age and is the grandchild of a resident who holds a
valid paid lifetime sportsman´s license. The resident grandparent who holds
such a lifetime sportsman´s license and who is the sponsor of a nonresident
applicant for a lifetime sportsman´s license must certify the nonresident
applicant´s relationship to him or her in writing to the department. For
purposes of procuring a lifetime sportsman´s license, the term 'residency'
means a domicile within Georgia for a minimum of 12 consecutive months
immediately prior to procuring such license. Satisfactory evidence of residency
shall consist of a current Georgia driver´s license or official Georgia
identification card issued by the Department of
Motor
Vehicle Safety
Driver
Services and at least one of the
following:
(1)
A voter registration card;
(2)
A copy of the prior year´s Georgia income tax return;
(3)
A current Georgia automobile registration; or
(4)
A warranty deed to property at the same address as is displayed on the Georgia
driver´s license.
Minors
under 18 years of age shall be presumed to be residents upon proof of
parent´s residency as provided for in this Code section. For purposes of
procuring the Type I (Infant) lifetime license, a certified copy of the birth
certificate of the licensee shall be
required."
PART
XII
Amendments to Chapter 32-6.
Regulation of maintenance and use of public roads generally.
SECTION 12-1.
Amendments to Chapter 32-6.
Regulation of maintenance and use of public roads generally.
SECTION 12-1.
Chapter
6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation
of maintenance and use of public roads generally, is amended in Code Section
32-6-2, relating to regulation of parking, by striking paragraph (1) and
inserting in its place a new paragraph to read as follows:
"(1)
The department may regulate and prohibit the parking of any type of vehicle on
any public road on the state highway system, including extensions thereof into
or through municipalities. Whenever any state or local law enforcement officer
or employee
of the Department of Motor Vehicle Safety to whom law enforcement authority has
been designated finds a vehicle parked in
violation of law or the department´s regulations, such officer or employee
is authorized to move such vehicle or require the driver or other person in
charge of the vehicle to move the same. If the vehicle is unattended, such
officer or
employee is authorized to remove or
provide for the removal of such vehicle to the nearest garage or other place of
safety at the owner´s expense. State or local law enforcement officers and
the department are further authorized, with or without the consent of the owner,
to remove or have removed any obstruction, cargo, or personal property which is
abandoned, unattended, or damaged as a result of a vehicle accident which the
department determines to be a threat to public health or safety or to mitigate
traffic
congestion.;"
SECTION
12-2.
Said
Chapter 6 of Title 32 is further amended by striking Code Section 32-6-27,
relating to
enforcement of load limitations, and inserting in its place a new Code section to read as follows:
enforcement of load limitations, and inserting in its place a new Code section to read as follows:
"32-6-27.
(a)
Any person who violates the load limitation provisions of Code Section 32-6-26
shall be conclusively presumed to have damaged the public roads, including
bridges, of this state by reason of such overloading and shall recompense the
state for such damage in accordance with the following schedule:
(1)
For the first 1,000 pounds of excess weight, 0.8¢ per pound; plus 1.5¢
per pound for the next 2,000 pounds of excess weight; plus 3¢ per pound for
the next 2,000 pounds of excess weight; plus 4¢ per pound for the next
3,000 pounds of excess weight; plus 5¢ per pound for all excess weight over
8,000 pounds;
(2)
Where a vehicle is authorized to exceed the weight limitations of Code Section
32-6-26 by a permit issued pursuant to Code Section 32-6-28, the term 'excess
weight' means that weight which exceeds the weight allowed by such permit. For
such vehicles, damages for excess weight shall be assessed according to the
following schedule: 125 percent times, in each category of excess weights, the
rate imposed on offending vehicles operating without a permit.
(a.1)(1)(A)
The Department of
Motor
Vehicle Safety
Public
Safety is authorized to issue a citation
to the owner or operator of any vehicle in violation of a maximum weight limit
on a county road which is a designated local truck route under subsection (f) of
Code Section 32-6-26 and for which signs have been placed and maintained as
required under paragraph (2) of subsection (c) of Code Section
32-6-50.
(B)
The Department of
Motor
Vehicle Safety
Public
Safety is authorized to issue a warning to
the owner or operator of any vehicle in violation of a maximum weight limit on a
county road which is a designated local truck route under subsection (f) of Code
Section 32-6-26 but for which signs have not been placed or maintained as
required under paragraph (2) of subsection (c) of Code Section 32-6-50 upon the
first such violation and to issue a citation to such owner or operator for a
subsequent such violation.
(2)(A)
The Department of
Motor
Vehicle Safety
Public
Safety is authorized to issue a citation
to the owner or operator of any vehicle in violation of a maximum weight limit
on a bridge for which signs have been placed and maintained as required under
paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section
32-4-91.
(B)
The Department of
Motor
Vehicle Safety
Public
Safety is authorized to issue a warning to
the owner or operator of any vehicle in violation of a maximum weight limit on a
bridge but for which signs have not been placed or maintained as required under
paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section
32-4-91 upon the first such violation and to issue a citation to such owner or
operator for a subsequent such violation.
(b)
The schedules listed in paragraphs (1) and (2) of subsection (a) of this Code
section shall apply separately to (1) the excess weight of the gross load and
(2) the sum of the excess weight or weights of any axle or axles, provided that
where both gross load and axle weight limits are exceeded, the owner or operator
shall be required to recompense the state only for the largest of the money
damages imposed under items (1) and (2) of this subsection.
(c)(1)
Within 30 days after the issuance of the citation, the owner or operator of any
offending vehicle shall pay the amount of the assessment to the Department of
Motor
Vehicle Safety
Public
Safety or request an administrative
determination of the amount and validity of the assessment.
(2)
The right to an administrative determination of the amount and validity of the
assessment shall be granted only to the owner or operator of an offending
vehicle.
(3)
The party requesting an administrative determination of the amount and validity
of the assessment shall deposit the amount of the assessment with the Department
of Motor
Vehicle Safety
Public
Safety, within the time permitted to
request such determination, before the determination will be granted. In the
event the assessment is determined to be erroneous, the Department of
Motor
Vehicle Safety
Public
Safety shall make prompt refund of any
overpayment after receipt of a final decision making such
determination.
(4)
If an administrative hearing is requested, it shall be held in accordance with
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the
rules and regulations of the Department of
Motor
Vehicle Safety
Public
Safety. The scope of any such hearing
shall be limited to a determination of:
(A)
The weight of the offending vehicle;
(B)
The maximum weight allowed by law on the roadway upon which the offending
vehicle was operated; and
(C)
Whether the operator had in his or her actual possession a valid oversize or
overweight permit issued by the Department of Transportation allowing the
vehicle to operate in excess of the maximum weight otherwise allowed by law on
the roadway upon which the offending vehicle was operated.
(5)
Any person who has exhausted all administrative remedies available within the
Department of
Motor
Vehicle Safety
Public
Safety and who is aggrieved by a final
order of the Department of
Motor
Vehicle Safety
Public
Safety is entitled to judicial review in
accordance with Chapter 13 of Title 50.
(6)
If a party requests an administrative determination of the amount and validity
of the assessment and fails to appear without first obtaining permission from
the administrative law judge or does not withdraw the request in writing no less
than five days in advance of a scheduled hearing, the party shall be deemed in
default and the citation shall be affirmed by operation of law. The party shall
be deemed to owe the sum of $75.00 in addition to the amount due on the
citation, which sum shall represent hearing costs.
(d)
All moneys collected in accordance with this Code section shall be
transmitted
to the Department of Motor Vehicle Safety, thereafter to
be disposed of as follows:
(1)
All moneys collected for violations of the weight limitations imposed by this
article shall be remitted to the general fund of the state
treasury;
(2)
All moneys collected for violations of the height, width, or length limitations
imposed by this article, after the appropriate statutory deductions, shall be
retained by the governing authority of the county wherein the violation occurred
for deposit in the general treasury of said county;
(3)
Hearing costs imposed pursuant to paragraph (6) of subsection (c) of this Code
section shall be retained by the Department of
Motor
Vehicle Safety
Public
Safety;
(4)
Reissuance fees imposed pursuant to paragraph (4) of subsection (g) of this Code
section shall be retained by the Department of
Motor
Vehicle Safety
Revenue;
and
(5)
Restoration fees imposed pursuant to paragraph (1) of subsection (i) of this
Code section shall be retained by the Department of
Motor
Vehicle Safety
Revenue.
(e)
Any owner or operator of a vehicle which is operated on the public roads of this
state in violation of the weight limitations provided in this article shall be
required, in addition to paying the moneys provided in subsection (a) of this
Code section, to unload all gross weight in excess of 6,000 pounds over the
legal weight limit before being allowed to move the vehicle.
(f)
Any person authorized by law to enforce this article may seize the offending
vehicle of an owner who fails or whose operator fails to pay the moneys
prescribed in subsection (a) of this Code section and hold such vehicle until
the prescribed moneys are paid. If the offending vehicle is not registered in
this state, any person authorized by law to enforce this article may seize any
vehicle owned or operated by an owner who fails or whose operator fails to pay
the moneys prescribed in subsection (a) of this Code section and hold such
vehicle until the prescribed moneys are paid. Any person seizing a vehicle under
this subsection or subsection (e) of this Code section may, when necessary,
store the vehicle; and the owner thereof shall be responsible for all reasonable
storage charges thereon. When any vehicle is seized, held, unloaded, or
partially unloaded under these subsections, the load or any part thereof shall
be removed or cared for by the owner or operator of the vehicle without any
liability on the part of the authorized person or of the state or any political
subdivision because of damage to or loss of such load or any part
thereof.
(g)(1)
Whenever any person, firm, or corporation violates this article and becomes
indebted to the Department of
Motor
Vehicle Safety
Public
Safety because of such violations and
fails within 30 days of the date of issuance of the overweight assessment
citation either to pay the assessment or appeal to the Department of
Motor
Vehicle Safety
Public
Safety for administrative review, as
provided for in subsection (c) of this Code section, such assessment shall
become a lien upon the overweight motor vehicle so found to be in violation,
which lien shall be superior to all liens except liens for taxes or perfected
security interests established before the debt to the Department of
Motor
Vehicle Safety
Public
Safety was created.
(2)
Whenever any person, firm, or corporation requests an administrative review, it
shall be held in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.' In the event that the administrative law judge
finds in favor of the Department of
Motor
Vehicle Safety
Public
Safety, the person, firm, or corporation
shall pay the assessment within 30 days after that decision becomes final or, if
judicial review is had in accordance with Chapter 13 of Title 50, then within 30
days after final judicial review is terminated. If the person, firm, or
corporation fails to pay the assessment within 30 days, such assessment shall
become a lien as provided for under paragraph (1) of this
subsection.
(3)
The Department of
Motor
Vehicle Safety
Public
Safety shall perfect the lien created
under this subsection by sending notice thereof on a notice designated by the
commissioner of
motor
vehicle safety
public
safety, by first-class mail or by
statutory overnight delivery, to the owner and all holders of liens and security
interests shown on the records of the Department of
Motor
Vehicle Safety
Revenue
maintained pursuant to Chapter 3 of Title 40. Upon receipt of notice from the
Department of
Motor
Vehicle Safety
Public
Safety, the holder of the certificate of
title shall surrender same to the
state
revenue commissioner
of motor
vehicle safety for issuance of a
replacement certificate of title bearing the lien of the department unless the
assessment is paid within 30 days of the receipt of notice. The Department of
Motor
Vehicle Safety
Revenue
may append
its
the
lien to its records, notwithstanding the failure of the holder of the
certificate of title to surrender said certificate as required by this
paragraph.
(4)
Upon issuance of a title bearing the lien of the Department of
Motor
Vehicle Safety
Public
Safety, or the appending of the lien to
the records of the Department of
Motor
Vehicle Safety
Revenue,
the owner of the vehicle or the holder of any security interest or lien shown in
the records of the
department
Department of
Revenue may satisfy such lien by payment
of the amount of the assessment, including hearing costs, if any, and payment of
a reissuance fee of $100.00. Upon receipt of such amount, the Department of
Motor
Vehicle Safety
Public
Safety shall release its lien
and the
Department of Revenue shall issue a new title without the
lien.
(h)(1)
The Department of
Motor
Vehicle Safety
Public
Safety, in seeking to foreclose its lien
on the motor vehicle arising out of an overweight motor vehicle citation
assessed under this article, may seek an immediate writ of possession from the
court before whom the petition is filed, if the petition contains a statement of
facts, under oath, by the Department of
Motor
Vehicle Safety
Public
Safety, its agents, its officers, or
attorney setting forth the basis of the petitioner´s claim and sufficient
grounds for issuance of an immediate writ of possession.
(2)
The Department of
Motor
Vehicle Safety
Public
Safety shall allege under oath specific
facts sufficient to show that it is within the power of the defendant to
conceal, encumber, convert, convey, or remove from the jurisdiction of the court
the property which is the subject matter of the petition.
(3)
The court before whom the petition is pending shall issue a writ for immediate
possession, upon finding that the petitioner has complied with paragraphs (1)
and (2) of this subsection. If the petitioner is found not to have made
sufficient showing to obtain an immediate writ of possession, the court may,
nevertheless, treat the petition as one being filed under Code Section 44-14-231
and proceed accordingly.
(4)
When an immediate writ of possession has been granted, the Department of
Motor
Vehicle Safety
Public
Safety shall proceed against the defendant
in the same manner as provided for in Code Sections 44-14-265 through
44-14-269.
(i)(1)
Whenever any person, firm, or corporation violates this article and fails within
30 days of the date of issuance of the overweight assessment citation either to
pay the assessment or appeal to the Department of
Motor
Vehicle Safety
Public
Safety for an administrative review as
provided for under Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act,' the Department of
Motor
Vehicle Safety
Revenue
may act to suspend the motor vehicle registration of the vehicle involved.
However, if the person, firm, or corporation requests an administrative review,
the Department of
Motor
Vehicle Safety
Revenue
shall act to suspend the registration only after the issuance of a final
decision favorable to the Department of
Motor
Vehicle Safety
Public
Safety and the requisite failure of the
person, firm, or corporation to pay the assessment. Upon such failure to pay the
assessment, the Department of
Motor
Vehicle Safety
Revenue
shall send a letter to the owner of such motor vehicle notifying the owner of
the suspension of the motor vehicle registration issued to the motor vehicle
involved in the overweight assessment citation. Upon complying with this
subsection by paying the overdue assessment and upon submitting proof of
compliance and paying a $10.00 restoration fee to the Department of
Motor
Vehicle Safety
Revenue,
the state
revenue commissioner
of motor
vehicle safety shall reinstate any motor
vehicle registration suspended under this subsection. In cases where the motor
vehicle registration has been suspended under this subsection for a second or
subsequent time during any two-year period, the Department of
Motor
Vehicle Safety
Revenue
shall suspend the motor vehicle registration for a period of 60 days and
thereafter until the owner submits proof of compliance with this subsection and
pays the $150.00 restoration fee to the Department of
Motor
Vehicle Safety
Revenue.
(2)
Unless otherwise provided for in this Code section, notice of the effective date
of the suspension of a motor vehicle registration occurs when the owner has
actual knowledge or legal notice thereof, whichever first occurs. For the
purposes of making any determination relating to the restoration of a suspended
motor vehicle registration, no period of suspension shall be deemed to have
begun until ten days after the mailing of the notice required in paragraph (1)
of this subsection.
(3)
For the purposes of this subsection, except where otherwise provided, the
mailing of a notice to a person at the name and address shown in records of the
Department of
Motor
Vehicle Safety
Revenue
maintained under Chapter 3 of Title 40 shall, with respect to the holders of
liens and security interests, be presumptive evidence that such person received
the required notice.
(4)
For the purposes of this subsection, except where otherwise provided, the
mailing of a notice to a person or firm at the name and address shown on the
overweight assessment citation shall, with respect to owners and operators of
vehicles involved in an overweight assessment, be presumptive evidence that such
person received the required notice.
(5)
The state
revenue commissioner
of motor
vehicle safety may suspend the motor
vehicle registration of any offending vehicle for which payment of an overweight
assessment is made by a check that is returned for any reason.
(6)
For the purposes of this subsection, where any provisions require the
Department of
Public Safety or the Department of
Motor
Vehicle Safety
Revenue
to give notice to a person, which notice affects such person´s motor
vehicle license plate, the mailing of such notice and the name and address shown
on the notice of overdue assessment citation supplied by the Department of
Motor
Vehicle Safety
Public
Safety, as required by this subsection,
shall be presumptive evidence that such person received the required
notice."
SECTION
12-3.
Said
Chapter 6 of Title 32 is further amended by striking Code Section 32-6-29,
relating to regulations and enforcement, and inserting in its place a new Code
section to read as follows:
"32-6-29.
(a)
The Department of Transportation shall be responsible for rules and regulations
relating to size and weight limits and issuance of permits under this
article.
(b)
The Department of Transportation shall not, however, employ any law enforcement
officers or agents
except as may
be specifically authorized by other laws.
Responsibility
Law
enforcement responsibility for enforcement
of this article shall be in the Department of
Motor
Vehicle
Public
Safety.
"
SECTION
12-4.
Said
Chapter 6 of Title 32 is further amended by striking Code Section 32-6-30,
relating to stopping vehicles for purposes of weighing, measuring, or
inspecting, and inserting in its place a new Code section to read as
follows:
"32-6-30.
(a)
Any law enforcement officer or employee of the Department of
Motor
Vehicle Safety
Public
Safety to whom law enforcement authority
has been designated who observes a motor vehicle being operated upon a public
road of the state and who has reason to believe that: (1) Any provision of this
article is being violated; (2) The vehicle is improperly licensed in violation
of Code Sections 40-2-150 through 40-2-162; or (3) A fuel tax registration card
is not being carried or that a proper distinguishing identification marker is
not affixed to the vehicle in violation of Code Sections 48-9-39 and 48-11-14
is authorized to stop such vehicle and weigh, measure, or inspect the same.
Violations of such licensing or fuel tax registration and identification
requirements shall be reported to the
Department
of Motor Vehicle Safety or the Department
of Revenue
as
appropriate.
(b)(1)
If the operator of the vehicle shall refuse to stop upon proper order as
directed by a person authorized by subsection (a) of this Code section to stop,
weigh, measure, or inspect the vehicle or its load, the operator shall be guilty
of a misdemeanor and, upon conviction thereof, shall be punished by a fine not
to exceed $200.00. The operator shall have the right to post an appropriate
bond, which shall not exceed $400.00, when any law enforcement officer or
employee of the Department of
Motor
Vehicle Safety
Public
Safety authorized to enforce this article
apprehends said operator for any violation of this article.
(2)
In addition, the operator´s driver´s license or nonresident´s
driving privilege may be suspended for a period of not more than 90 days by the
Department of
Motor
Vehicle Safety
Driver
Services upon satisfactory proof of said
refusal to stop or drive the vehicle upon the scales. Each person who shall
apply for a Georgia driver´s license, or for nonresident driving
privileges, or for a renewal of same thereby consents to stop such vehicle for
inspection or to drive such vehicle upon scales whenever so ordered by a law
enforcement official or authorized employee of the Department of
Motor
Vehicle Safety
Public
Safety."
PART
XIII
Amendments to Title 33.
Insurance.
SECTION 13-1.
Amendments to Title 33.
Insurance.
SECTION 13-1.
Title
33 of the Official Code of Georgia Annotated, relating to insurance, is amended
in Code Section 33-9-42, relating to reduction in premiums for motor vehicle
liability, first-party medical, and collision coverages for certain named
drivers, by striking subsections (b) through (g) and inserting in their place
new subsections to read as follows:
"(b)
Reductions in premiums shall be available if all named drivers who are 25 years
of age or older:
(1)
Have committed no traffic offenses for the prior three years or since the date
of licensure, whichever is shorter;
(2)
Have had no claims based on fault against an insurer for the prior three years;
and
(3)
Complete one of the following types of driving courses:
(A)
A course in defensive driving of not less than six hours from a driver
improvement clinic or commercial or noncommercial driving school approved by and
under the jurisdiction of the Department of
Motor
Vehicle Safety
Driver
Services;
(B)
An emergency vehicles operations course at the Georgia Public Safety Training
Center;
(C)
A course in defensive driving of not less than six hours from a driver
improvement program which is administered by a nonprofit organization such as
the American Association of Retired People, the American Automobile Association,
the National Safety Council, or a comparable organization and which meets the
standards promulgated by the Department of
Motor
Vehicle Safety
Driver
Services pursuant to subsection (f) of
this Code section; or
(D)
A course in defensive driving of not less than six hours offered by an employer
to its employees and their immediate families, which course has been approved by
the Department of
Motor
Vehicle Safety
Driver
Services.
(c)
Reductions in premiums shall be available if all named drivers who are under 25
years of age:
(1)
Have committed no traffic offenses for the prior three years or since the date
of licensure, whichever is shorter;
(2)
Have had no claims based on fault against an insurer for the prior three years;
and
(3)
Complete a preparatory course offered to new drivers of not less than 30 hours
of classroom training and not less than six hours of practical training by a
driver´s training school approved by and under the jurisdiction of the
Department of
Motor
Vehicle Safety
Driver
Services or by an accredited secondary
school, junior college, or college.
(d)
Upon completion of one of the driving courses specified in paragraph (3) of
subsection (b) or paragraph (3) of subsection (c), as applicable, of this Code
section by each named driver, eligibility for reductions in premiums for such
policy shall continue for a period of three years, provided any named driver
under such policy does not commit a traffic offense or have a claim against the
policy based on any such driver´s fault.
(e)
The Department of
Motor
Vehicle Safety
Driver
Services shall assure through the
supervision of driver improvement clinics, emergency vehicles operations
courses, driver improvement programs administered by nonprofit organizations,
and commercial or noncommercial driving schools approved by the Department of
Motor
Vehicle Safety
Driver
Services that defensive driving courses
shall be available and accessible wherever practicable as determined by the
department to licensed drivers throughout the state.
(f)
Each insurer providing premium discounts under this Code section shall provide,
upon the request of the Commissioner, information regarding the amount of such
discounts in a form acceptable to the Commissioner.
(g)
The power of supervision granted to the Department of
Motor
Vehicle Safety
Driver
Services over driver improvement programs
administered by nonprofit organizations under this Code section shall be limited
to the establishment of minimum standards and requirements relative to the
content of specific courses offered by such programs and relative to
investigation and resolution of any complaints directed towards the content or
operation of any course by a person enrolled in such course. The Department of
Motor
Vehicle Safety
Driver
Services may adopt rules and regulations
necessary to carry out the provisions of this subsection. The Department of
Motor
Vehicle Safety
Driver
Services shall not require a nonprofit
organization to obtain a license or permit or to pay a fee in order to
administer a driver improvement program in the state. The Department of
Motor
Vehicle Safety
Driver
Services shall not require a commercial
driving school licensed by such department to obtain an additional license to
teach a defensive driving course, as described in subparagraph (b)(3)(A) or
paragraph (3) of subsection (c) of this Code section, at any location in this
state."
SECTION
13-2.
Said
Title 33 is further amended in Code Section 33-34-9, relating to payment of
insurance for total loss motor vehicles, by striking subsection (b) and
inserting in its place a new subsection to read as follows:
"(b)
For the purpose of implementing this Code section, at the discretion of the
Commissioner
of the Department of Motor Vehicle Safety
state revenue
commissioner, an insurer may be granted
access via electronic means to individual motor vehicle records. Any such
access shall be in accordance with Code Section 40-3-23, and the Department of
Motor
Vehicle Safety
Revenue
shall establish the application and approval process before allowing any such
access. The information provided to an insurer pursuant to this Code section
shall be limited to the verification of the vehicle owner´s name, vehicle
information, and any recorded security interests or liens as shown on the
records of the Department of
Motor
Vehicle Safety
Revenue."
PART
XIIIA
Amendment to Chapter 35-2.
Department of Public Safety.
SECTION 13A-1.
Amendment to Chapter 35-2.
Department of Public Safety.
SECTION 13A-1.
Chapter
2 of Title 35 of the Official Code of Georgia Annotated, relating to the
Department of Public Safety, is amended in Code Section 35-2-33, relating to
additional duties of the Georgia State Patrol, by striking paragraph (1) of
subsection (a) and inserting in its place a new paragraph to read as
follows:
"(1)
To enforce the laws of this state relating to the use, ownership, control,
licensing, and registration of motor vehicles
and Code
Sections 32-9-4 and 40-6-54, relating to designation of restricted travel
lanes;"
SECTION
13A-2.
Said
Chapter 2 of Title 35 is further amended by adding at its end a new Article 5
to read as follows:
"ARTICLE
5
35-2-100.
There
is created and established a division of the Department of Public Safety to be
known as the Motor Carrier Compliance Division, the members of which shall be
known and designated as 'law enforcement officers.'
35-2-101.
(a)
The Motor Carrier Compliance Division of the department shall have jurisdiction
throughout this state with such duties and powers as are prescribed by
law.
(b)
The primary duties of the Motor Carrier Compliance Division shall be as
follows:
(1)
Enforcement of laws and regulations relating to the size and the weights of
motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of
Title 32;
(2)
Enforcement of laws and regulations relating to licensing and fuel tax
registration requirements and the reporting of violations thereof to the
Department of Revenue;
(3)
Enforcement of safety standards for motor vehicles and motor vehicle
components;
(4)
Enforcement of laws relating to hazardous materials carriers;
(5)
Enforcement of all state laws on the following properties owned or controlled by
the Department of Transportation or the State Road and Tollway Authority: rest
areas, truck-weighing stations or checkpoints, wayside parks, parking
facilities, toll facilities, and any buildings and grounds for public equipment
and personnel used for or engaged in administration, construction, or
maintenance of the public roads or research pertaining thereto;
(6)
Enforcement of Code Section 16-10-24, relating to obstructing or hindering law
enforcement officers;
(7)
Directing and controlling traffic on any public road which is part of the state
highway system but only in areas where maintenance and construction activities
are being performed and at scenes of accidents and emergencies until local
police officers or Georgia State Patrol officers arrive and have the situation
under control;
(8)
Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of
restricted travel lanes;
(9)
Enforcement of Code Section 16-11-43, relating to obstructing highways, streets,
sidewalks, or other public passages, on any public road which is part of the
state highway system;
(10)
Enforcement of Code Section 16-7-43, relating to littering public or private
property or waters, on any public road which is part of the state highway
system;
(11)
Enforcement of Code Section 16-7-24, relating to interference with government
property, on any public road which is part of the state highway system;
and
(12)
Enforcement of any state law when ordered to do so by the
commissioner.
(c)
In performance of the duties specified in subsection (b) of this Code section,
certified law enforcement officers employed by the department or designated by
the commissioner shall:
(1)
Be authorized to carry firearms;
(2)
Exercise arrest powers;
(3)
Have the power to stop, enter upon, and inspect all motor vehicles using the
public highways for purposes of determining whether such vehicles have complied
with and are complying with laws, the administration or enforcement of which is
the responsibility of the department;
(4)
Have the power to examine the facilities where motor vehicles are housed or
maintained and the books and records of motor carriers for purposes of
determining compliance with laws, the administration or enforcement of which is
the responsibility of the department; and
(5)
Exercise the powers generally authorized for law enforcement officers in the
performance of their duties or otherwise to the extent needed to protect any
life or property when the circumstances demand action.
(d)
The commissioner shall authorize law enforcement officers of the Motor Carrier
Compliance Division to make use of dogs trained for the purpose of detection of
drugs and controlled substances while such officers are engaged in the
performance of their authorized duties. If such authorized use of such a dog
indicates probable cause to indicate the presence of contraband, the officer or
officers shall in those circumstances have the full authority of peace officers
to enforce the provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia
Controlled Substances Act,' and Article 3 of Chapter 13 of Title 16, the
'Dangerous Drug Act'; provided, however, that the department must immediately
notify the local law enforcement agency and district attorney of the
jurisdiction where a seizure is made.
(e)(
1) Certified law enforcement officers employed by the Motor Carrier Compliance
Division may use a department motor vehicle while working an approved off-duty
job, provided that:
(A)
The off-duty employment is of a general nature that is the subject of a contract
between the off-duty employer and the department and is service in which the use
of the department motor vehicle is a benefit to the department or is in
furtherance of the department´s mission;
(B)
The off-duty employer agrees to pay and does pay to the department an amount
determined by the commissioner to be sufficient to reimburse the department for
the use of the vehicle and to pay the off-duty employee sufficient compensation.
Pursuant to such contract, the department shall pay the employee of the
department the compensation earned on off-duty employment whenever such employee
performs such service in a department motor vehicle; and
(C)
The commissioner has specifically approved, in writing, the individual use of
the vehicle by the employee.
(2)
At no time will an off-duty employee be allowed use of a department motor
vehicle at any political function of any
kind."
PART
XIV
Amendments to Chapter 40-2.
Registration and licensing of motor vehicles.
SECTION 14-1.
Amendments to Chapter 40-2.
Registration and licensing of motor vehicles.
SECTION 14-1.
Chapter
2 of Title 40 of the Official Code of Georgia Annotated, relating to
registration and licensing of motor vehicles, is amended by striking paragraphs
(2) and (3) of Code Section 40-2-1, relating to definitions, and inserting in
their place new paragraphs to read as follows:
"(2)
'Commissioner' means the
commissioner
of motor vehicle safety
state revenue
commissioner.
(3)
'Department' means the Department of
Motor
Vehicle Safety
Revenue."
SECTION
14-2.
Said
Chapter 2 of Title 40 is further amended in Code Section 40-2-8. relating to
license plates, temporary plates, and unregistered vehicles, by striking
division (b)(2)(B)(ii) and inserting in its place a new division to read as
follows:
"(ii)
All temporary plates issued by dealers to purchasers of vehicles on or after
January 1, 2001, shall be of a standard design prescribed by regulation
promulgated by the
Department
of Motor Vehicle Safety
department
in accordance with the requirements of this subparagraph. Temporary plates
issued by dealers to purchasers prior to such date may be of any design if such
plates meet the requirements of this
subparagraph."
SECTION
14-3.
Said
Chapter 2 of Title 40 is further amended by striking Code Section 40-2-24,
relating to bonding of tag agents, and inserting in its place a new Code section
to read as follows:
"40-2-24.
Each
tag agent shall give bond conditioned as the commissioner may require, and in
such amount as the commissioner may deem necessary and proper, not exceeding
$250,000.00, to protect the state adequately. Such bond shall be executed by a
surety corporation licensed to do business in the State of Georgia, as surety,
and the premiums shall be paid by the
Department
of Motor Vehicle Safety
department.
The bond shall run to the Governor and his or her successors in office and shall
be approved as to conditions, form, and sufficiency by the
commissioner."
SECTION
14-3.1.
Said
Chapter 2 of Title 40 is further amended by striking subsections (b) and (d) of
Code Section 40-2-40, relating to registration of delinquent vehicles, and
inserting in their respective places new subsections to read as
follows:
"(b)
All applications for the registration of a delinquent vehicle shall, before
being accepted by a tag agent, be first endorsed by a sheriff or a deputy
sheriff, a chief of police or his or her designated representative, a state
patrolman,
a state revenue special agent or enforcement officer, a Department of
Transportation
law
enforcement officer, a tax commissioner, or a tax collector. The officer
endorsing the delinquent application shall indicate, with his or her endorsement
on the application, the total amount of the prescribed registration fee together
with the 25 percent penalty provided in this Code section, and the full total of
such amount shall be paid to the tag agent before any license plate or
revalidation decal as provided for in this chapter shall be assigned to the
applicant."
"(d)
Between the first and fifth days of each calendar month, the tag agent shall
remit to the respective fiscal authorities of the counties or cities employing
the endorsing officers the full amount of such penalties accredited to such
officers during and for the preceding calendar month. All sums accredited to
state
patrolmen,
state revenue special agents or enforcement officers, or Department of
Transportation
law
enforcement officers shall be paid to the fiscal authorities of the county where
the vehicle is
registered."
SECTION
14-4.
Said
Chapter 2 of Title 40 is further amended by adding after Code Section 40-2-64 a
new Code Section 40-2-64.1 to read as follows:
"40-2-64.1.
(a)
In accordance with the Taiwan Relations Act as provided for in Code Section
50-1-2, the commissioner shall design a distinctive Foreign Organization license
plate.
(b)
Upon application and compliance with the state motor vehicle laws relating to
the registration and licensing of motor vehicles and the payment of the regular
license fee, official representatives of the Taipei Economic and Cultural
Representatives Office in the United States who maintain a presence in Georgia
shall be issued Foreign Organization license plates as prescribed in Code
Section 40-2-31 in duplicate. Such license plates shall be fastened to both the
front and the rear of the vehicle.
(c)
Official representatives of the Taipei Economic and Cultural Representatives
Office in Atlanta accredited by the Georgia Department of Economic Development
shall be entitled to Foreign Organization license plates for the
representative´s privately owned motor vehicle. Such license plates shall
not be used by any representative after his or her presence in Georgia has
terminated.
(d)
License plates issued under this Code section shall not be transferred so as to
be used by any person other than the person to whom such plates were originally
issued but shall be transferred to another vehicle as provided in Code Section
40-2-80.
(e)
The commissioner is authorized to establish procedures and promulgate rules and
regulations for implementing this Code
section."
SECTION
14-5.
Said
Chapter 2 of Title 40 is further amended by striking Code Section 40-2-70,
relating to special license plates for certain disabled veterans, and inserting
in its place a new Code section to read as follows:
"40-2-70.
Any
citizen and resident of the State of Georgia who has been discharged from the
armed forces under conditions other than dishonorable, who is disabled to any
degree specified and enumerated in Code Section 40-2-69, and who is the owner of
a private passenger motor vehicle, but who cannot qualify under Code Section
40-2-69, shall be entitled to a special and distinctive automobile license
plate. Such license plate shall be transferred to another vehicle acquired by
such veteran or jointly by such veteran and his or her spouse as provided in
Code Section 40-2-80. Such veteran shall be entitled to such plate regardless of
whether he or she is suffering from a service connected or nonservice connected
disability. Such veteran must apply for such license plate and, upon compliance
with the state motor vehicle laws for licensing of motor vehicles and payment of
the regular license fee for plates as prescribed under Article 7 of this
chapter, such veteran shall be issued similar license plates as prescribed in
Code Section 40-2-71 for private passenger cars. There shall be no charge for
the additional plate issued such veteran under this Code section. If a veteran
has not been certified as disabled by the United States Department of Veterans
Affairs, such veteran may submit to the Department of Veterans Service such
veteran´s discharge papers and a certified statement from a physician,
licensed under Chapter 34 of Title 43, certifying that in the opinion of such
physician such veteran is disabled to a degree enumerated in Code Section
40-2-69. If the certificate from the physician indicates the qualifying
disabilities which meet the standards of the United States Department of
Veterans Affairs, the commissioner of veterans service shall submit a letter to
the state
revenue commissioner
of motor
vehicle safety indicating that the veteran
meets the requirements of this Code section and qualifies for a special license
plate as provided in this Code
section."
SECTION
14-6.
Said
Chapter 2 of Title 40 is further amended by striking Code Section 40-2-82,
relating to special license plates for Georgia State Patrol vehicles, and
inserting in its place a new Code section to read as follows:
"40-2-82.
The
commissioner of public safety shall be issued distinctive license plates to be
used on motor vehicles assigned to the Department of Public Safety and operated
by troopers of the Georgia State Patrol
or law
enforcement officers of the Motor Carrier Compliance
Division. The distinctive plates shall be
issued free of charge in accordance with procedures agreed upon by the
commissioner of public safety and the
state
revenue commissioner
of motor
vehicle safety. License plates issued
pursuant to this Code section need not contain a place for the county name decal
and no county name decal need be affixed to a license plate issued pursuant to
this Code
section."
SECTION
14-7.
Said
Chapter 2 of Title 40 is further amended in Code Section 40-2-87, relating to
definitions applicable to reciprocal agreements for registration of commercial
vehicles, by striking paragraph (9) and inserting in its place a new paragraph
to read as follows:
"(9)
'Commissioner' means the jurisdiction official in charge of registration of
vehicles and means, for the State of Georgia, the
state
revenue commissioner
of motor
vehicle
safety."
SECTION
14-8.
Said
Chapter 2 of Title 40 is further amended by striking 40-2-89, relating to
ineligibility for registration for vehicles prohibited by federal agencies, and
inserting in its place a new Code section to read as follows:
"40-2-89.
Any
vehicle which is prohibited by any federal agency acting pursuant to federal
law, rule, or regulation from being operated in interstate commerce shall not be
eligible for registration under this article, and the commissioner shall
refuse to
issue, refuse to renew,
suspend
or revoke such registration for any vehicle so prohibited from
operating."
SECTION
14-9.
Said
Chapter 2 of Title 40 is further amended by striking Code Section 40-2-135,
relating to revocation of license plates, and inserting in its place a new Code
section to read as follows:
"40-2-135.
(a)
The commissioner shall revoke any regular, prestige, special, or distinctive
license plate which the commissioner determines was issued in error and shall
revoke the special and distinctive license plate issued to a member of the
General Assembly at such time as the holder ceases to hold such public office.
The commissioner
shall
or his or her
designated agent may revoke any license
plate purchased with a
personal
check which was returned for any reason. The commissioner shall notify the
holder of such regular, prestige, special, or distinctive license plate or of
such other license plate of such revocation. The holder of such revoked license
plate shall return the license plate to the commissioner or the
commissioner´s designated agent and register his or her vehicle as
otherwise required by this chapter.
(b)
The commissioner shall suspend or revoke any permanent registration and license
plate issued in accordance with Code Section 40-2-47 when the owner has not
complied with the annual requirement of the payment of ad valorem taxes and is
delinquent for more than 12 months from the last date of ad valorem tax
payment.
(b)(c)
Any state or county law enforcement officer or any special agent or enforcement
officer appointed under Code Section 40-2-134 may, upon the direction or request
of the commissioner, go upon public or private property to seize a license plate
or renewal decal which has been revoked as provided in subsection (a) of this
Code
section."
SECTION
14-10.
Said
Chapter 2 of Title 40 is further amended in Code Section 40-2-137, relating to
the suspension of motor vehicle registration for failure to obtain minimum
insurance coverage, by striking paragraph (1) of subsection (c) and inserting in
lieu thereof a new paragraph (1) to read as follows:
"(c)(1)
When proof of minimum motor vehicle insurance coverage is provided within the
time period specified in this Code section, but there has been a lapse of
coverage for a
period of more than ten days, the owner
shall remit a $25.00 lapse fee to the department. Failure to remit the lapse fee
to the department within 30 days of the date on which the notification was
mailed by the department will result in the suspension of the owner´s motor
vehicle registration by operation of law as if the proof had not been provided
in a timely manner as provided in paragraph (2) of this subsection. If any lapse
fee provided for in this Code section is paid to the county tax commissioner,
the county shall retain $5.00 thereof as a collection
fee."
SECTION
14-11.
Said
Chapter 2 of Title 40 is further amended in Code Section 40-2-150, relating to
definitions applicable to annual license fees for operation of vehicles, by
repealing paragraph (.2) which reads as follows:
"(.2)
'Commissioner' means the commissioner of motor vehicle
safety."
PART
XV
Amendments to Chapter 40-3.
Motor vehicle certificates of title, security interests, and liens.
SECTION 15-1.
Amendments to Chapter 40-3.
Motor vehicle certificates of title, security interests, and liens.
SECTION 15-1.
Chapter
3 of Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicle certificates of title, security interests, and liens, is amended in Code
Section 40-3-2, relating to definitions applicable to said chapter, by striking
paragraphs (2) and (2.1) and inserting in their place new paragraphs to read as
follows:
"(2)
'Commissioner' means the
state
revenue commissioner
of motor
vehicle safety.
(2.1)
'Department' means the Department of
Motor
Vehicle Safety
Revenue."
SECTION
15-2.
Said
Chapter 3 of Title 40 is further amended in Code Section 40-3-40, relating to
reports and remittances by county tag agents, by striking subsection (a) and
inserting in its place a new subsection to read as follows:
"(a)
All county tag agents accepting and handling title applications shall endeavor
to submit such applications and related sums of money to which the
Department
of Revenue
department
is entitled to the commissioner on a daily basis. All reports of title
applications handled and related sums of money collected to which the
Department
of Revenue
department
is entitled must be submitted to the commissioner within seven calendar days
from the close of the business day during which such applications were handled
and related sums of money
collected."
PART
XVI
Amendments to Chapter 40-4.
Identification of and purchase and resale of motor vehicles and parts.
SECTION 16-1.
Amendments to Chapter 40-4.
Identification of and purchase and resale of motor vehicles and parts.
SECTION 16-1.
Chapter
4 of Title 40 of the Official Code of Georgia Annotated, relating to
identification of and purchase and resale of motor vehicles and parts, is
amended by striking Code Section 40-4-5, relating to identification of truck
chassis, and inserting in its place a new Code section to read as
follows:
"40-4-5.
Truck
chassis with features designed for specialized requirements of a wrecker
manufactured after January 1, 1967, but before January 1, 1997, shall, at the
time the vehicle is first registered on or after January 1, 1997, pursuant to
Code Section 40-2-21, be issued by the Department of
Motor
Vehicle Safety
Revenue
a unique vehicle identification number which shall be affixed to and maintained
upon the chassis by the owner in a manner consistent with the requirements of
subsections (b) and (e) of Code Section
40-4-4."
PART
XVII
Amendments to Chapter 40-5.
Drivers´ licenses.
SECTION 17-1.
Amendments to Chapter 40-5.
Drivers´ licenses.
SECTION 17-1.
Chapter
5 of Title 40 of the Official Code of Georgia Annotated, relating to
drivers´ licenses, is amended in Code Section 40-5-1, relating to
definitions applicable to said chapter, by striking paragraphs (1), (3), (5),
(7), (9), and (10) and inserting in their respective places new paragraphs to
read as follows:
"(1)
'Assessment component' means the standard screening instrument or instruments
designated by the Department of
Human
Resources
Driver
Services which are used to screen for the
extent of an individual´s alcohol or drug use and its impact on
driving."
"(3)
'Cancellation of driver´s license' means the annulment or termination by
formal action of the
Department
of Motor Vehicle Safety
department
of a person´s license because of some error or defect in the license or
because the licensee is no longer entitled to such license. The cancellation of
a license is without prejudice, and application for a new license may be made at
any time after such
cancellation."
"(5)
'Commissioner' means the commissioner of
motor
vehicle safety
driver
services."
"(7)
'Department' means the Department of
Motor
Vehicle Safety
Driver
Services."
"(9)
'DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by
the Department of
Human
Resources
Driver
Services which consists of two components:
assessment and intervention. In the case of a conviction or plea of nolo
contendere to a violation of Code Section 40-6-391 or in any other instance in
which a person may be referred to a DUI Alcohol or Drug Use Risk Reduction
Program, the program administers the assessment component and refers such
offender to the intervention component.
(10)
'Intervention component' means a program which delivers therapeutic education
about alcohol and drug use and driving and peer group counseling concerning
alcohol and drug use over a period of 20 hours utilizing a methodology and
curriculum approved and certified by the Department of
Human
Resources
Driver
Services for the DUI Alcohol or Drug Use
Risk Reduction Programs under subsection (e) of Code Section
40-5-83."
SECTION
17-2.
Said
Chapter 5 of Title 40 is further amended in Code Section 40-5-2, relating to
driver´s records, by striking and replacing subsection (j) and adding a new
subsection (l) so that subsections (j) and (l) shall read, respectively, as
follows:
"(j)
The commissioner is authorized to promulgate any rules, regulations, or policies
as are necessary to carry out the provisions of this Code section.
The
department and the Georgia Technology Authority are each authorized to
charge
In accordance
with paragraph (6) of subsection (a) of Code Section
50-25-4, reasonable fees
to defray
costs incurred in affording access to or
disseminating
shall be
assessed for furnishing information from
records or data bases pursuant to provisions of this Code section; provided,
however, that the fee for furnishing an abstract of a driver´s record shall
not exceed
$10.00; and
provided, further, that the fee for furnishing the limited information provided
for purposes of insurance rating pursuant to division (c)(1)(B)(ii) of this Code
section shall not exceed 20 percent of the fee for furnishing the abstract of a
driver´s
record."
"(l)
In any case in which the release or transmittal of one or more driver´s
records is authorized under this Code section or any other provision of law, the
commissioner may determine the method of release or transmittal of the record or
records, including without limitation release or transmittal by mail or by means
of the Internet or other electronic
means."
SECTION
17-3.
Said
Chapter 5 of Title 40 is further amended in Code Section 40-5-21, relating to
exemptions from licensing, by striking paragraph (11) of subsection (a) and
inserting in its place a new paragraph to read as follows:
"(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
of the
department 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;
and".
SECTION
17-4.
Said
Chapter 5 of Title 40 is further amended in Code Section 40-5-22, relating to
requirements for licensure, by striking paragraph (3) of subsection (a.1) and
inserting in its place a new paragraph to read as follows:
"(3)
The State Board of Education and the commissioner of
motor
vehicle safety
driver
services are authorized to promulgate
rules and regulations to implement the provisions of this
subsection."
SECTION
17-5.
Said
Chapter 5 of Title 40 is further amended by striking Code Section 40-5-22.1,
relating to reinstatement of license of child under 16 years convicted of
driving under influence of alcohol or drugs, and inserting in its place a new
Code section to read as follows:
"40-5-22.1.
Notwithstanding
any other provision of law, if a child under 16 years of age is adjudicated
delinquent of driving under the influence of alcohol or drugs or of possession
of marijuana or a controlled substance in violation of Code Section 16-13-30 or
of the unlawful possession of a dangerous drug in violation of Code Section
16-13-72 or convicted in any other court of such offenses, the court shall order
that the privilege of such child to apply for and be issued a driver´s
license or learner´s permit shall be suspended and delayed until such child
is 17 years of age for a first conviction and until such child is 18 years of
age for a second or subsequent such conviction. Upon reaching the required age,
such license privilege shall be reinstated if the child submits proof of
completion of a DUI Alcohol or Drug Use Risk Reduction Program
approved by
the Department of Human Resources or an
assessment and intervention program approved by the juvenile court and pays a
fee of $210.00 to the Department of
Motor
Vehicle Safety
Driver
Services or $200.00 when such application
is processed by mail. The court shall notify the
Department
of Motor Vehicle Safety
department
of its order delaying the issuance of such child´s license within 15 days
of the date of such order. The
Department
of Motor Vehicle Safety
department
shall not issue a driver´s license or learner´s permit to any person
contrary to a court order issued pursuant to this Code
section."
SECTION
17-6.
Said
Chapter 5 of Title 40 is further amended by striking subsections (a) through (d)
of Code Section 40-5-25, relating to driver´s license applications, and
inserting in their respective places new subsections to read as
follows:
"(a)
Every application for an instruction permit or for a driver´s license shall
be made upon a form furnished by the department. Every application shall be
accompanied by the proper license fee. The fees shall be as established by the
commissioner, not to exceed:
|
(1)
For instruction permits for Classes A, B, C, and M drivers´ licenses and
for Class D drivers´ licenses
|
$
10.00
|
|
(2)
For
five-year
Classes A,
B,
C,
and M
noncommercial
drivers´
|
15.00
20.00
|
|
(2.1)
For ten-year Classes A, B, C, and M noncommercial driver´s
|
35.00
|
|
(3)
For Classes
A,
and
B, C, and M
commercial drivers´
licenses
|
15.00
20.00
|
|
(4)
For application for Classes A, B, C, and M commercial drivers´ licenses or
a Class P commercial driver´s instruction permit
|
35.00
|
|
(5)
For Class P commercial drivers´ instruction permits for Classes A, B, C,
and M commercial drivers´ licenses
|
10.00
|
|
(6)
For Classes A, B, C, and M commercial drivers´ licenses, initial issuance
requiring a road test
|
65.00
70.00
|
|
(7)
For Classes A, B, C, and M commercial drivers´ licenses, initial issuance
not requiring a road test
|
15.00
20.00
|
|
(8)
For renewal of Classes A, B, C, and M commercial drivers´
licenses
|
15.00
20.00
|
|
(8.1)
For renewal of five-year Classes A, B, C, and M noncommercial drivers´
licenses
|
20.00
|
|
(8.2)
For renewal of ten-year Classes A, B, C, and M noncommercial drivers´
licenses
|
35.00
|
|
(9)
Initial issuance of Classes A, B, C, and M commercial drivers´ licenses and
Class P commercial drivers´ instruction permits shall include all
endorsement fees within the license fee. Each endorsement added after initial
licensing
|
5.00
|
The
commissioner may by rule provide incentive discounts in otherwise applicable
fees reflecting cost savings to the department where a license is renewed by
means other than personal appearance. The discount for renewal of a Class C or
Class M license shall be $5.00 and any other discounts shall be as determined by
the commissioner. Except as provided in
Code Section 40-5-36, relating to veterans´ licenses, and Code Section
40-5-149, relating to application fees for public school bus drivers, there
shall be no exceptions to the fee requirements for a commercial driver´s
license or a commercial driver´s license permit. Notwithstanding any other
provision of this Code section, there shall be no fee whatsoever for replacement
of any driver´s license solely due to a change of the licensee´s name
or address, provided that such replacement license shall be valid only for the
remaining period of such original license; and provided, further, that only one
such free replacement license may be obtained within
any
four-year
the
period for which the license was originally issued.
Any
application for the replacement of a lost license pursuant to Code Section
40-5-31 or due to a change in the licensee´s name or address submitted
within 150 days of the expiration of said license shall be treated as an
application for renewal subject to the applicable license fees as set forth in
this subsection.
(b)
Notwithstanding
the provisions of subsection (a) of this Code section, any Class 1 or 2 license
issued prior to April 3, 1989, shall remain valid until its expiration unless
otherwise lost, destroyed, suspended, or revoked prior to its expiration. A
Class 3, 4, or 5 license shall remain valid unless lost, destroyed, suspended,
revoked, or canceled, until its expiration or its earlier replacement under
Article 7 of this chapter, the 'Uniform Commercial Driver´s License
Act.'
Reserved.
(c)
Every such application shall state the full
legal
name, date of birth, sex, and residence address of the applicant; shall briefly
describe the applicant;
and
shall state whether the applicant has theretofore been licensed as a driver and,
if so, when and by what state or country, and whether any such license has ever
been suspended, revoked, or refused, and, if so, the date of and reason for such
suspension, revocation, or refusal; and shall state such other information as
the commissioner may require to determine the applicant´s identity,
competence, and eligibility. The application shall include any other information
as required by paragraph (1) of subsection (a.1) of Code Section 19-11-9.1. The
department shall not issue a license until a complete examination of the
applicant´s record has been completed. The commissioner may issue such
rules and regulations as shall be necessary for the orderly processing of
license applications.
(d)(1)
The General Assembly finds that it is in the best interest of the state to
encourage improved public education and awareness regarding anatomical gifts of
human organs and tissues and to address the ever increasing need for donations
of anatomical gifts for the benefit of the citizens of Georgia.
(2)
Notwithstanding the provisions of paragraph (2) or (3) of subsection (a) of this
Code section, each applicant for the issuance, reissuance, or renewal of a Class
C, M, A, or B driver´s license under paragraph (2) or (3) of subsection (a)
of this Code section shall accompany such application with a license fee as
established by the commissioner, not to exceed $8.00, if such applicant executes
an anatomical gift pursuant to Code Section 40-5-6.
(3)(2)
The department shall make available to those federally designated organ
procurement organizations the name, license number, date of birth, and most
recent address of any person who obtains
a
an organ
donor driver´s license
with the
reduced fee provided for in paragraph (2) of this
subsection. Information so obtained by
such organizations shall be used for the purpose of establishing a state-wide
organ donor registry accessible to organ tissue and eye banks authorized to
function as such in this state and shall not be further
disseminated."
SECTION
17-7.
Said
Chapter 5 of Title 40 is further amended in Code Section 40-5-27, relating to
examination of applicants, by striking subsections (a), (d), and (e) and
inserting in their respective places new subsections to read as
follows:
"(a)
The department shall examine every applicant for a driver´s license, except
as otherwise provided by subsection (d) of this Code section. 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 January 1, 2002.
Applicants
An
applicant 18 years of age and older with
a
valid and current
licenses
license, or a
license that has been expired for less than two
years, issued by another state of the
United States or the District of Columbia who
surrender
their previous licenses
surrenders his
or her previous license 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."
"(d)
The department shall
implement a
six-month pilot program to determine licensing requirements for licensed driver
training schools to conduct on-the-road driving tests as provided in subsection
(e) of this Code section. The department shall report the results of such pilot
program to the House Committee on Motor Vehicles. (e) If the department
determines that the pilot program provided for in subsection (d) of this Code
section is successful, it shall authorize
licensed driver training schools to conduct on-the-road driving tests
and other
tests required for issuance of a driver´s
license as provided in this subsection.
The department
may authorize licensed driver training schools to issue driver´s licenses
to successful applicants as provided in this
subsection. The department shall, prior to
approving a licensed driver training school to conduct
on-the-road
driving tests
or issue
licenses or both as provided in this
subsection, make a determination that the school has been licensed for a minimum
of one
year
two
years and has conducted driver education
and adult
education courses on a full-time basis for
such
one-year
two-year
period and that such school meets all other standards which the department may
establish as a condition for approval to conduct such tests
or issue
licenses or both. The department shall
authorize a driver training school licensed pursuant to Chapter 13 of Title 43
and approved by the department to administer the testing provided for in this
Code section, provided that the applicant has successfully completed a driver
training course which includes a minimum of 30 class hours of instruction and
six hours of private in-car training. The department may establish by rules and
regulations the type of tests or demonstrations to be made by applicants for any
Class C or Class D driver´s license under this Code
section."
SECTION
17-8.
Said
Chapter 5 of Title 40 is further amended by striking Code Section 40-5-28,
relating to issuance of drivers´ licenses, and inserting in its place a new
Code section to read as follows:
"40-5-28.
(a)
The department shall, upon payment of the required fee, issue to every applicant
qualifying therefor a driver´s license indicating the type or general class
of vehicles the licensee may drive, which license shall be upon a form
prescribed by the department and which shall bear thereon a distinguishing
number assigned to the licensee, a color photograph of the licensee, the
licensee´s full name, either a facsimile of the signature of the licensee
or a space upon which the licensee shall write his or her usual signature with a
pen and ink immediately upon receipt of the license, and such other information
or identification as is required by the department. No license shall be valid
until it has been so signed by the licensee. Specifically but without
limitation, the department may require applicants to submit fingerprints by
means of an inkless fingerprint scanning device upon application.
(b)
The commissioner may determine the location and manner of issuance of
drivers´ licenses. Without limiting the generality of the foregoing, it is
specifically provided that the commissioner may designate county tag agents, if
they so agree, as agents of the department for this purpose and may authorize
the issuance of drivers´ licenses by county tag agents. No county tag agent
shall be required to issue or renew drivers´ licenses unless such county
tag agent agrees in writing to perform such functions. No county tag agent shall
be required to issue or renew drivers´ licenses for residents of any county
other than the residents of the county for which he or she serves as tax
commissioner."
SECTION
17-9.
Said
Chapter 5 of Title 40 is further amended in Code Section 40-5-31, relating to
replacement permits or licenses, by striking subsection (b) and inserting in its
place a new subsection to read as follows:
"(b)
The department shall issue a temporary permit or driver´s license to each
individual who has lost by misplacement, and not by revocation or suspension,
his or
her instruction permit or driver´s
license and who has made application under oath on a form furnished by the
department which states that the applicant presently has a valid permit or
license which has been lost or misplaced.
In lieu of the
applicant´s signature on a form, any application for the issuance of a
replacement license submitted electronically shall contain an acknowledgment and
attestation under penalty of perjury that he or she meets each requirement of
this Code
section."
SECTION
17-10.
Said
Chapter 5 of Title 40 is further amended by striking Code Section 40-5-32,
relating to driver´s license renewal, and inserting in its place a new Code
section to read as follows:
"40-5-32.
(a)(1)
Every
Except as
otherwise provided in this Code section,
every driver´s license shall expire
on the licensee´s birthday in the
fourth
fifth
year following the issuance of such license.
Notwithstanding
the foregoing, any commercial license that contains an H or X endorsement as
defined in subsection (c) of Code Section 40-5-150 shall expire on the date of
expiration of the licensee´s security threat assessment conducted by the
Transportation Security Administration of the United States Department of
Homeland Security. An applicant for a Class A, B, C, or M noncommercial
driver´s license who is under age 60 shall at the applicant´s option
apply for a license which shall expire on the licensee´s birthday in the
fifth or tenth year following the issuance of such
license. Every such license shall be
renewed on or before its expiration upon application, payment of the required
fee, and, if applicable, satisfactory completion of the examination required or
authorized by subsection (c) of this Code section.
(2)
Except as otherwise provided by subsection (c) of this Code section, every
holder
of
a
veteran´s or honorary license shall
meet the
requirements of subsection (c) of this Code
section
be valid until
the holder reaches age 65 and shall thereafter be subject to renewal pursuant to
paragraph (1) of this subsection on or
before his or her birthday every
four
five
years,
beginning from the date on which the holder was last required to take an
examination under former Ga. L. 1972, p. 1076, as amended by Ga. L. 1973, pp.
916, 917. The department may allow a
veteran or honorary license holder to retain his or her expired veteran´s
or honorary license as a souvenir.
(3)
The commissioner shall issue such rules and regulations as are required to
enforce this subsection.
(b)
An application for driver´s license renewal may be submitted by means
of:
(1)
Personal appearance before the department; or
(2)
Subject to rules or regulations of the department which shall be consistent with
considerations of public safety and efficiency of service to licensees, means
other than such personal appearance which may include without limitation by mail
or electronically. The department may by such rules or regulations exempt
persons renewing drivers´ licenses under this paragraph from the license
surrender requirement of subsection (c) of Code Section 40-5-20.
(c)(1)
The department shall require every person
who is age 64
or older applying for renewal of a
driver´s license to take and pass successfully such test of his or her
eyesight as the department shall
prescribe,
unless otherwise provided by rule or regulation for purposes of paragraph (2) of
subsection (b) of this Code
section.
(2)
The commissioner may issue such rules and regulations as are necessary to
implement this
subsection."
SECTION
17-11.
Said
Chapter 5 of Title 40 is further amended by striking Code Section 40-5-33,
relating to change of address of a licensed driver, and inserting in its place a
new Code section to read as follows:
"40-5-33.
Whenever
any person, after applying for or receiving a driver´s license, shall move
from the address named in such application or in the license issued to him or
her or when the name of a licensee is changed by marriage or otherwise, such
person shall apply to the department for a license showing the correct name or
address within 60 days. Failure to change the name or address shall not deem the
license invalid.
The
commissioner may determine the locations at which applications shall be accepted
for applications due to change of name or address. Without limiting the
generality of the foregoing, it is specifically provided that the commissioner
may designate county tag agents, if they so agree, as agents of the department
for this
purpose."
SECTION
17-12.
Said
Chapter 5 of Title 40 is further amended by striking subsection (b) of Code
Section 40-5-53, relating to reports of convictions and forwarding of licenses
by courts, and inserting in its place a new subsection to read as
follows:
"(b)
Every court in each county of this state having jurisdiction over offenses
committed under this chapter and Chapter 6 of this title or any other law of
this state or ordinance adopted by a local authority regulating the operation of
motor vehicles on highways shall forward to the department, within ten days
after the conviction of any person in such court for a violation of any such law
other than regulations governing speeding in a noncommercial motor vehicle for
which no points are assigned under Code Section 40-5-57, standing, or parking, a
uniform citation form authorized by Article 1 of Chapter 13 of this title.
Notwithstanding any other provision of this title, in satisfaction of the
reporting requirement of this subsection, the courts of this state
may
shall
transmit the information contained on the uniform citation form by electronic
means,
provided
that the department has first given approval to the reporting court
for
using
the electronic reporting method
utilized
approved by
the department. The department shall pay
to the clerk of the court forwarding the required report 40¢ for each
report transmitted electronically
in a timely
manner as required in this subsection
and
10¢ for each report transmitted
otherwise; and notwithstanding any general
or local law to the contrary, the clerk shall pay such fees over to the general
fund of the city or county operating the court.
Where a court
has not implemented transmittal by electronic means, the commissioner may
require such court or courts to submit by electronic means no later than a
future date to be determined by the
commissioner."
SECTION
17-13.
Said
Chapter 5 of Title 40 is further amended in Code Section 40-5-57.1, relating to
suspension of licenses of young drivers, by striking subsection (b) and
inserting in its place a new subsection to read as follows:
"(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 after six months; 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 after 12 months; or
(2)(A)
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.
(B)
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:
(i)
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
(ii)
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.
(C)
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."
SECTION
17-14.
Said
Chapter 5 of Title 40 is further amended in said Code Section 40-5-57.1 by
adding at the end of the Code section a new subsection (d) to read as
follows:
"(d)
A suspension provided for in this Code section shall be imposed based on the
person´s age on the date of the conviction giving rise to the
suspension."
SECTION
17-15.
Said
Chapter 5 of Title 40 is further amended by striking Code Section 40-5-63,
relating to certain license suspension periods, and inserting in its place a new
Code section to read as follows:
"40-5-63.
(a)
The driver´s license of any person convicted of an offense listed in Code
Section 40-5-54 or of violating Code Section 40-6-391, unless the driver´s
license has been previously suspended pursuant to Code Sections 40-5-67.1 and
40-5-67.2, shall by operation of law be suspended and such suspension shall be
subject to the following terms and conditions; provided, however, that any
person convicted of a drug related offense pursuant to Code Section 40-6-391
shall be governed by the suspension requirements of Code Section
40-5-75:
(1)
Upon the first conviction of any such offense, with no arrest and conviction of
and no plea of nolo contendere accepted to such offense within the previous five
years, as measured from the dates of previous arrests for which convictions were
obtained to the date of the current arrest for which a conviction is obtained,
the period of suspension shall be for 12 months. At the end of 120 days, the
person may apply to the department for reinstatement of said driver´s
license. Such license shall be reinstated if such person submits proof of
completion of a DUI Alcohol or Drug Use Risk Reduction Program
approved by
the Department of Human Resources and pays
a restoration fee of $210 or $200 when such reinstatement is processed by mail
unless such conviction was a recidivist conviction in which case the restoration
fee shall be $510.00 or $500.00 when such reinstatement is processed by mail,
provided that, if such license was suspended as a result of a conviction of an
offense listed in Code Section 40-5-54, such license shall be reinstated if such
person submits proof of completion of either a defensive driving program
approved by the
Department
of Motor Vehicle Safety
department
or a DUI Alcohol or Drug Use Risk Reduction Program
approved by
the Department of Human Resources and pays
the prescribed restoration fee. A driver´s license suspended as a result of
a conviction of a violation of Code Section 40-6-391 shall not become valid and
shall remain suspended until such person submits proof of completion of a DUI
Alcohol or Drug Use Risk Reduction Program
approved by
the Department of Human Resources and pays
the prescribed restoration fee. For purposes of this paragraph, an accepted plea
of nolo contendere to an offense listed in Code Section 40-5-54 by a person who
is under 18 years of age at the time of arrest shall constitute a conviction.
For the purposes of this paragraph only, an accepted plea of nolo contendere by
a person 21 years of age or older, with no conviction of and no plea of nolo
contendere accepted to a charge of violating Code Section 40-6-391 within the
previous five years, as measured from the dates of previous arrests for which
convictions were obtained or pleas of nolo contendere accepted to the date of
the current arrest for which a plea of nolo contendere is accepted, shall be
considered a conviction, and the court having jurisdiction shall forward, as
provided in Code Section 40-6-391.1, the record of such disposition of the case
to the department and the record of such disposition shall be kept on file for
the purpose of considering and counting such accepted plea of nolo contendere as
a conviction under paragraphs (2) and (3) of this subsection;
(2)
Upon the second conviction of any such offense within five years, as measured
from the dates of previous arrests for which convictions were obtained to the
date of the current arrest for which a conviction is obtained, the period of
suspension shall be for three years. At the end of 120 days, the person may
apply to the department for reinstatement of said driver´s license; except
that if such license was suspended as a result of a second conviction of a
violation of Code Section 40-6-391 within five years, the person shall not be
eligible to apply for license reinstatement until the end of 18 months. Such
license shall be reinstated if such person submits proof of completion of a DUI
Alcohol or Drug Use Risk Reduction Program
approved by
the Department of Human Resources and pays
a restoration fee of $210 or $200 when such reinstatement is processed by mail
unless such conviction was a recidivist conviction in which case the restoration
fee shall be $510.00 or $500.00 when processed by mail, provided that, if such
license was suspended as a result of a conviction of an offense listed in Code
Section 40-5-54, such license shall be reinstated if such person submits proof
of completion of either a defensive driving program approved by the department
or a DUI Alcohol or Drug Use Risk Reduction Program
approved by
the Department of Human Resources and pays
the prescribed restoration fee. A driver´s license suspended as a result of
a conviction of a violation of Code Section 40-6-391 shall not become valid and
shall remain suspended until such person submits proof of completion of a DUI
Alcohol or Drug Use Risk Reduction Program
approved by
the Department of Human Resources and pays
the prescribed restoration fee. For purposes of this paragraph, a plea of nolo
contendere and all previous accepted pleas of nolo contendere to an offense
listed in Code Section 40-5-54 within such five-year period of time shall
constitute a conviction. For the purposes of this paragraph, a plea of nolo
contendere to a charge of violating Code Section 40-6-391 and all prior accepted
pleas of nolo contendere within five years, as measured from the dates of
previous arrests for which convictions were obtained or pleas of nolo contendere
were accepted to the date of the current arrest for which a plea of nolo
contendere is accepted, shall be considered and counted as convictions;
or
(3)
Upon the third conviction of any such offense within five years, as measured
from the dates of previous arrests for which convictions were obtained to the
date of the current arrest for which a conviction is obtained, such person shall
be considered a habitual violator, and said license shall be revoked as provided
for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of
this paragraph, a plea of nolo contendere and all previous accepted pleas of
nolo contendere to an offense listed in Code Section 40-5-54 within such
five-year period shall constitute a conviction. For the purposes of this
paragraph, a plea of nolo contendere and all prior accepted pleas of nolo
contendere to a charge of violating Code Section 40-6-391 within five years, as
measured from the dates of previous arrests for which convictions were obtained
or pleas of nolo contendere were accepted to the date of the current arrest for
which a plea of nolo contendere is accepted, shall be considered and counted as
convictions.
(b)
The periods of suspension provided for in this Code section shall begin on the
date the person is convicted of an offense listed in Code Section 40-5-54 or of
violating Code Section 40-6-391.
(c)
In all cases in which the department may return a license to a driver prior to
the termination of the full period of suspension, the department may require
such tests of driving skill and knowledge as it determines to be proper, and the
department´s discretion shall be guided by the driver´s past driving
record and performance, and the driver shall pay the applicable restoration fee.
In addition to any other requirement the department may impose, a driver´s
license suspended as a result of a conviction of a violation of Code Section
40-6-391 shall not become valid, shall remain suspended, and shall not be
returned to such driver or otherwise reinstated until such person submits proof
of completion of a DUI Alcohol or Drug Use Risk Reduction Program
approved by
the Department of Human
Resources.
(d)
Any person convicted of violating subsection (a) of Code Section 40-6-393,
relating to homicide by vehicle, or Code Section 40-6-394, relating to serious
injury by vehicle, shall have his or her license suspended for a period of three
years. Such person shall not be eligible for early reinstatement of said
driver´s license as provided in this Code section or in Article 4 of this
chapter and shall not be eligible for a limited driving permit as provided in
Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo
contendere to homicide by vehicle in the first degree or serious injury by
vehicle shall constitute a conviction.
(e)
The driver´s license of any person under 21 years of age who is convicted
of unlawful possession of alcoholic beverages in violation of Code Section
3-3-23 while operating a motor vehicle may be suspended for a period of not less
than 120 days. At the end of 120 days, the person may apply to the department
for reinstatement of said driver´s license. Such license shall be
reinstated only if the person submits proof of completion of an approved DUI
Alcohol or Drug Use Risk Reduction Program
prescribed
by the Department of Human Resources and
pays a restoration fee of $35.00 or $25.00 when processed by mail. For purposes
of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1
shall not be considered a conviction, and the driver´s license of such
person shall not be suspended, provided that such person completes a DUI Alcohol
or Drug Use Risk Reduction Program within 120 days after
sentencing.
(f)
The driver´s license of any person who is convicted of attempting to
purchase an alcoholic beverage in violation of paragraph (2) of subsection (a)
of Code Section 3-3-23 upon the first conviction shall be suspended for a period
of six months and upon the second or subsequent conviction shall be suspended
for a period of one year. At the end of the period of suspension, the person may
apply to the department for reinstatement of his or her driver´s license.
Such license shall be reinstated upon payment of a restoration fee of $35.00 or
$25.00 when processed by mail. For purposes of this subsection, a sentence under
subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction,
and the driver´s license of such person shall not be
suspended."
SECTION
17-15.1.
Said
Chapter 5 of Title 40 is further amended in Code Section 40-5-67.2, relating to
terms and conditions applicable to certain license suspensions, by striking
subsection (a) and inserting in its place a new subsection to read as
follows:
"(a)
Any driver´s license required to be suspended under subsection (c) of Code
Section 40-5-67.1 shall be suspended subject to the following terms and
conditions:
(1)
Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1
within the previous five years, as measured from the dates of previous arrests
for which a suspension was obtained to the date of the current arrest for which
a suspension is obtained, the period of suspension shall be for one year. Not
sooner than 30 days following the effective date of suspension, the person may
apply to the department for reinstatement of his or her driver´s license.
Such license shall be reinstated if such person submits proof of completion of a
DUI Alcohol or Drug Use Risk Reduction Program
approved by
the Department of Human Resources and pays
a restoration fee of $210 or $200 when such reinstatement is processed by mail
unless such conviction was a recidivist conviction in which case the restoration
fee shall be $510.00 or $500.00 when processed by mail. A driver´s license
suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall
remain suspended until such person submits proof of completion of a DUI Alcohol
or Drug Use Risk Reduction Program
approved by
the Department of Human Resources and pays
the prescribed restoration fee.
(2)
Upon the second suspension pursuant to subsection (c) of Code Section 40-5-67.1
within five years, as measured from the dates of previous arrests for which
suspensions were obtained to the date of the current arrest for which a
suspension is obtained, the period of suspension shall be for three years. The
person shall be eligible to apply to the department for license reinstatement
not sooner than 18 months following the effective date of suspension. Such
license shall be reinstated if such person submits proof of completion of a DUI
Alcohol or Drug Use Risk Reduction Program
approved by
the Department of Human Resources and pays
a restoration fee of $210 or $200 when such reinstatement is processed by mail
unless such conviction was a recidivist conviction in which case the restoration
fee shall be $510.00 or $500.00 when processed by mail. A driver´s license
suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall
remain suspended until such person submits proof of completion of a DUI Alcohol
or Drug Use Risk Reduction Program
approved by
the Department of Human Resources and pays
the prescribed restoration fee.
(3)
Upon the third or subsequent suspension pursuant to subsection (c) of Code
Section 40-5-67.1 within five years, as measured from the dates of previous
arrests for which suspensions were obtained to the date of the current arrest
for which a suspension is obtained, the period of suspension shall be for five
years. A driver´s license suspended pursuant to Code Section 40-5-67.1
shall not become valid and shall remain suspended until such person submits
proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program
approved by
the Department of Human Resources and pays
the prescribed restoration fee. The driver may apply for a probationary license
pursuant to Code Section 40-5-58 after the expiration of two years from the
effective date of
suspension."
SECTION
17-16.
Said
Chapter 5 of Title 40 is further amended in Code Section 40-5-75, relating to
suspension of licenses by operation of law, by striking paragraphs (1) and (2)
of subsection (a) and subsection (h) and inserting in their respective places
new paragraphs and a new subsection to read as follows:
"(1)
Upon the first conviction of any such offense, with no arrest and conviction of
and no plea of nolo contendere accepted to such offense within the previous five
years, as measured from the dates of previous arrests for which convictions were
obtained to the date of the current arrest for which a conviction is obtained,
the period of suspension shall be for not less than 180 days. At the end of 180
days, the person may apply to the department for reinstatement of his or her
driver´s license. Such license shall be reinstated only if the person
submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program
approved by
the Department of Human Resources and pays
to the Department of
Motor
Vehicle Safety
Driver
Services a restoration fee of $210 or
$200 when such reinstatement is processed by mail unless such conviction was a
recidivist conviction in which case the restoration fee shall be $510.00 or
$500.00 when such reinstatement is processed by mail. For purposes of this
paragraph, a plea of nolo contendere by a person to a charge of any drug related
offense listed in this subsection shall, except as provided in subsection (c) of
this Code section, constitute a conviction;
(2)
Upon the second conviction of any such offense within five years, as measured
from the dates of previous arrests for which convictions were obtained to the
date of the current arrest for which a conviction is obtained, the period of
suspension shall be for three years, provided that after one year from the date
of the conviction the person may apply to the department for reinstatement of
his or her driver´s license by submitting proof of completion of a DUI
Alcohol or Drug Use Risk Reduction Program
approved by
the Department of Human Resources and
paying to the Department of
Motor
Vehicle Safety
Driver
Services a restoration fee of $210 or
$200 when such reinstatement is processed by mail unless such conviction was a
recidivist conviction in which case the restoration fee shall be $510.00 or
$500.00 when such reinstatement is processed by mail. For purposes of this
paragraph, a plea of nolo contendere and all previous pleas of nolo contendere
within such five-year period of time shall constitute a conviction;
and"
"(h)
Notwithstanding the provisions of subsection (a) of this Code section, licensed
drivers who are 16 years of age who are adjudicated in a juvenile court pursuant
to this Code section may, at their option, complete a DUI Alcohol or Drug Use
Risk Reduction Program
approved by
the Department of Human Resources or an
assessment and intervention program approved by the juvenile
court."
SECTION
17-17.
Said
Chapter 5 of Title 40 is further amended by striking Code Section 40-5-80,
relating to the purpose of the 'Georgia Driver Improvement Act,' and inserting
in its place a new Code section to read as follows:
"40-5-80.
The
purpose of this article, the 'Georgia Driver Improvement Act,' is to improve and
promote greater safety upon the highways and streets of this state; to improve
the attitude and driving habits of drivers who accumulate traffic accident and
motor vehicle conviction records; and to provide uniform DUI Alcohol or Drug Use
Risk Reduction Programs for the rehabilitation of persons identified as reckless
or negligent drivers and frequent violators. In carrying out this purpose, the
Department of
Motor
Vehicle Safety and the Department of Human Resources, as
applicable,
Driver
Services shall:
(1)
Charge a fee for the consideration of applications for approval of driver
improvement clinics and instructors. The amount of this fee shall be established
by the commissioner
of motor
vehicle safety and shall, as best as the
commissioner shall determine, approximate the expense incurred by the
Department
of Motor Vehicle Safety
department
in consideration of an application. These licenses and each renewal thereof
shall be valid for a period of four years unless suspended or revoked prior to
the expiration of that time period; and
(2)
Require, in addition to the criteria
established by
the commissioner for approval of driver
improvement clinics
established
by the commissioner of motor vehicle
safety and DUI Alcohol or Drug Use Risk
Reduction Programs
established
by the Department of Human Resources, as
provided in subsections (a) and (e) of Code Section 40-5-83,
respectively,
that every driver improvement clinic and DUI Alcohol or Drug Use Risk Reduction
Program shall, as a condition of approval, provide a continuous surety company
bond for the protection of the contractual rights of students in such form as
will meet with the approval of the
Department
of Motor Vehicle Safety or the Department of Human Resources, as
applicable
department,
and written by a company authorized to do business in this state. The principal
sum of the bond shall be established by the commissioner
of motor
vehicle safety or the Board of Human Resources, as
applicable; however, in no event shall
this amount be less than
$2,500.00
$10,000.00
per location, and a single bond at such rate may be submitted for all locations
under the same ownership. If at any time said bond is not valid and in force,
the license of the clinic or program shall be deemed suspended by operation of
law until a valid surety company bond is again in
force."
SECTION
17-18.
Said
Chapter 5 of Title 40 is further amended in Code Section 40-5-81, relating to
selection of driver improvement programs, by striking subsection (c) and
inserting in its place a new subsection to read as follows:
"(c)
It shall be unlawful for the owner, agent, servant, or employee of any driver
improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by
the
Department
of Motor Vehicle Safety or the Department of Human
Resources
department
to directly or indirectly solicit business by personal solicitation on public
property, by
phone,
or
by
mail. A violation of this subsection shall be a misdemeanor. Advertising in any
mass media, including, but not limited to, newspapers, radio, television,
magazines, or telephone directories by a driver improvement clinic or DUI
Alcohol or Drug Use Risk Reduction Program shall not be considered a violation
of this
subsection."
SECTION
17-19.
Said
Chapter 5 of Title 40 is further amended by striking Code Section 40-5-82,
relating to administration of the Driver Improvement Program, and inserting in
its place a new Code section to read as follows:
"40-5-82.
(a)
The Driver Improvement Program created by this article shall be administered by
the commissioner
of motor
vehicle safety. The commissioner is
authorized to promulgate and adopt rules and regulations necessary to carry out
this article.
(b)
For the purpose of generating greater interest in highway safety, the
commissioner may solicit the assistance of local governmental authorities,
associations, societies, clubs, schools, colleges, and other organizations or
persons knowledgeable in highway safety driving standards to participate in
conjunction with the department in the development of local driver improvement
programs and in conducting driver improvement classes.
(c)
The
Department
of Human Resources
department
is designated as the agency responsible for the approval and certification of
DUI Alcohol or Drug Use Risk Reduction Programs and staff. This responsibility
includes selection of the assessment instrument, development of the intervention
curricula, training of program staff, and monitoring of all DUI Alcohol or Drug
Use Risk Reduction Programs under this article.
(d)
All DUI Alcohol or Drug Use Risk Reduction Program records including, but not
limited to, assessment results and other components attended shall be
confidential and shall not be released without the written consent of the DUI
offender, except that such records shall be made available to the Department of
Human Resources and the Department of
Motor
Vehicle Safety.
Driver
Services. The provision of assessments to the Department of Human Resources
shall be according to an interagency agreement between the Department of Driver
Services and the Department of Human Resources, and the agreement may provide
for assessment fees to be transmitted to the Department of Human
Resources.
(e)
The
Department
of Human Resources
department
shall conduct a records check for any applicant for certification as an operator
or instructor of a DUI Alcohol or Drug Use Risk Reduction Program. Each
applicant shall submit two sets of classifiable fingerprints to the department.
The department shall transmit both sets of fingerprints to the Georgia Crime
Information Center, which shall submit one set of fingerprints to the Federal
Bureau of Investigation for a search of bureau records and an appropriate report
and shall retain one set and promptly conduct a search of state records. After
receiving the report from the Georgia Crime Information Center and the Federal
Bureau of Investigation, the department shall determine whether the applicant
may be certified. No applicant shall be certified who has previously been
convicted of a felony. The department shall promulgate rules and regulations
regarding certification requirements, including restrictions regarding
misdemeanor
convictions."
SECTION
17-20.
Said
Chapter 5 of Title 40 is further amended in Code Section 40-5-83, relating to
establishment, approval, and operation of clinics, by striking paragraph (1) of
subsection (a), paragraph (3) of subsection (b), and subsection (e) and
inserting in their respective places new paragraphs and a new subsection to
read as follows:
"(a)(1)
The commissioner
of motor
vehicle safety shall establish criteria
for the approval of driver improvement clinics. To be approved, a clinic shall
provide and operate either a defensive driving course, an advanced defensive
driving course, or a professional defensive driving course or any combination
thereof. Clinics shall be composed of uniform education and training programs
consisting of six hours of instruction designed for the rehabilitation of
problem drivers. The commissioner shall establish standards and requirements
concerning the contents of courses, qualifications of instructors, attendance
requirements for students, and examinations. Approved clinics shall charge a fee
of $75.00 for a defensive driving course, an advanced defensive driving course,
or a professional defensive driving course; except that such clinics may charge
different fees of their own choosing if the person is not enrolling in such
course pursuant to court order or department requirement. No clinic shall be
approved unless such clinic agrees in writing to allow the examination and audit
of the books, records, and financial statements of such clinic. Clinics may be
operated by any individual, partnership, corporation, association, civic group,
club, county, municipality, board of education, school, or
college."
"(3)
Driving under the influence and alcohol and drug programs, clinics, and courses
outside of the State of Georgia shall not be required to comply with the
provisions of subsection (e) of this Code section; provided, however, that the
department shall not accept certificates of completion from any such program,
clinic, or course unless said program, clinic, or course has been certified by
the
Department
of Human Resources
department
as substantially conforming, with respect to course content, with the standards
and requirements promulgated by the
Department
of Human Resources
department
under subsection (e) of this Code section. Certificates of completion from an
out-of-state program, clinic, or course not so certified by the
Department
of Human Resources
department
may be accepted only for the purpose of permitting persons who are not residents
of the State of Georgia to reinstate nonresident operating
privileges."
"(e)
The
Department
of Human Resources
department
is designated as the agency responsible for establishing criteria for the
approval of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant must
meet the certification criteria promulgated by the
Department
of Human Resources
department
through its standards and must provide the following services: (1) the
assessment component and (2) the intervention component. The
Department
of Human Resources
department
is designated as the agency responsible for establishing rules and regulations
concerning the contents and duration of the components of DUI Alcohol or Drug
Use Risk Reduction Programs, qualifications of instructors, attendance
requirements for students, examinations, and program evaluations. Qualified
instructors shall be certified for periods of four years each, which may be
renewed. Approved DUI Alcohol or Drug Use Risk Reduction Programs shall charge a
fee of $75.00 for the assessment component and $190.00 for the intervention
component. An additional fee for required student program materials shall be
established by the
Department
of Human Resources
department
in such an amount as is reasonable and necessary to cover the cost of such
materials. No DUI Alcohol or Drug Use Risk Reduction Program shall be approved
unless such clinic agrees in writing to submit reports as required in the rules
and regulations of the
Department
of Human Resources
department
and to allow the examination and audit of the books, records, and financial
statements of such DUI Alcohol or Drug Use Risk Reduction Program by the
Department
of Human Resources
department
or its authorized agent. DUI Alcohol or Drug Use Risk Reduction Programs may be
operated by any public, private, or governmental entity; provided, however,
that, except as otherwise provided in this subsection, in any political
subdivision in which a DUI Alcohol or Drug Use Risk Reduction Program is
operated by a private entity, whether for profit or nonprofit, neither the local
county board of health nor any other governmental entity shall fund any new
programs in that area. Programs currently in existence which are operated by
local county boards of health or any other governmental entities shall be
authorized to continue operation. New programs may be started in areas where no
private DUI Alcohol or Drug Use Risk Reduction Programs have been made available
to said community. The Department of Corrections is authorized to operate DUI
Alcohol or Drug Use Risk Reduction Programs in its facilities where offenders
are not authorized to participate in such programs in the community, provided
that such programs meet the certification criteria promulgated by the Department
of Human
Resources
Driver
Services. All such programs operated by
the Department of Corrections shall be exempt from all fee provisions
established in this subsection specifically including the rebate of any fee for
the costs of administration. No DUI Alcohol or Drug Use Risk Reduction Program
will be approved unless such clinic agrees in writing to pay to the state, for
the costs of administration, a fee of $15.00, for each offender assessed or each
offender attending for points reduction, provided that nothing in this Code
section shall be construed so as to allow the
Department
of Human Resources
department
to retain any funds required by the Constitution of Georgia to be paid into the
state treasury; and provided, further, that the
Department
of Human Resources
department
shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title
45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such
miscellaneous
funds."
SECTION
17-21.
Said
Chapter 5 of Title 40 is further amended by striking Code Section 40-5-88,
relating to administrative penalties, and inserting in its place a new Code
section to read as follows:
"40-5-88.
(a)
As an alternative to criminal or other civil enforcement, the commissioner of
motor
vehicle safety or the commissioner of human resources, whichever is
applicable,
driver
services in order to enforce this article
or any orders, rules, or regulations promulgated pursuant to this article, may
issue an administrative fine not to exceed $1,000.00 for each violation,
whenever
that
the
commissioner, after a hearing, determines that any person, firm, or corporation
has violated any provisions of this article or any regulations or orders
promulgated under this article. Notwithstanding the foregoing, violations that
are minor in nature and committed by a person, firm, or corporation shall be
punished only by a written reprimand unless the person, firm, or corporation
fails to remedy the violation within 30 days, in which case an administrative
fine, not to exceed $250.00, may be issued.
(b)
The hearing and any administrative review thereof shall be conducted in
accordance with the procedure for contested cases under Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who
has exhausted all administrative remedies available and who is aggrieved or
adversely affected by a final order or action of
either
the commissioner of
motor
vehicle safety or the commissioner of human
resources
driver
services shall have the right of judicial
review thereof in accordance with Chapter 13 of Title 50. All fines recovered
under this Code section shall be paid into the state treasury. The commissioner
of motor
vehicle safety or the commissioner of human resources, as
appropriate,
driver
services may file, in the superior court
(1) wherein the person under order resides; (2) if such person is a corporation,
in the county wherein the corporation maintains its principal place of business;
or (3) in the county wherein the violation occurred, a certified copy of a final
order of
such
the
commissioner, whether unappealed from or affirmed upon appeal, whereupon the
court shall render judgment in accordance therewith and notify the parties. Such
judgment shall have the same effect and proceedings in relation thereto shall
thereafter be the same as though the judgment had been rendered in an action
duly heard and determined by the court. The penalty prescribed in this Code
section shall be concurrent, alternative, and cumulative with any and all other
civil, criminal, or alternative rights, remedies, forfeitures, or penalties
provided, allowed, or available to such commissioner with respect to any
violation of this article or any order, rules, or regulations promulgated
pursuant to this
article."
SECTION
17-22.
Said
Chapter 5 of Title 40 is further amended in Code Section 40-5-142, relating to
definitions applicable to the 'Uniform Commercial Driver´s License Act,' by
striking paragraph (7) and inserting in its place a new paragraph to read as
follows:
"(7)
'Commercial motor vehicle' means a motor vehicle designed or used to transport
passengers or property:
(A)
If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or
such lesser rating as determined by federal regulation;
(B)
If the vehicle is designed to transport 16 or more passengers, including the
driver; or
(C)
If the vehicle is transporting hazardous materials and is required to be
placarded in accordance with the Motor Carrier Safety Rules prescribed by the
United States Department of Transportation, Title 49 C.F.R. Part 172, subpart
F;
provided,
however, that for the purposes of this article, no agricultural vehicle,
military vehicle operated by military personnel, recreational vehicle, or
fire-fighting or emergency equipment vehicle shall be considered a commercial
vehicle. As used in this paragraph, the term 'agricultural vehicle' means a farm
vehicle which is controlled and operated by a farmer; used to transport
agricultural products, farm machinery, or farm supplies to or from a farm; and
operated within 150 miles of such person´s farm; which vehicle is not used
in the operations of a
common or
contract
motor
carrier. Any other waiver by the Federal Highway Administration pursuant to
Federal Law 49 C.F.R. Parts 383, 391, RIN 2125-AB 68, of the United States
Department of Transportation shall supersede state law in authorizing the
Department of
Motor
Vehicle Safety
Driver
Services to exempt said
classes."
SECTION
17-23.
Said
Chapter 5 of Title 40 is further amended in Code Section 40-5-100, relating to
issuance of identification cards, by striking subsection (b) and inserting in
its place a new subsection to read as follows:
(b)
The identification card shall be valid for
four
a period of
five or ten
years, at the
option of the applicant, and shall bear
the signatures of the commissioner and the Governor and shall bear an
identification card number which shall not be the same as the social security
number,
unless the person specifically requests that the social security number be used,
or, in the case of an individual who is not a citizen of the United States, the
passport number of the person identified or any number the department deems
necessary to implement this Code
section."
SECTION
17-24.
Said
Chapter 5 of Title 40 is further amended by striking Code Section 40-5-103,
relating to fees for issuance of identification cards, and inserting in its
place a new Code section to read as follows:
"40-5-103.
(a)
Except as provided in subsections (b) and (c) of this Code section, the
department shall collect a fee of
$10.00 for
the identification card
$20.00 for a
five-year card and a fee of $35.00 for a ten-year
card, which fee shall be deposited in the
state treasury in the same manner as other motor vehicle driver´s license
fees.
(b)
The department shall collect a fee of $5.00 for the identification card for all
persons who are referred by a nonprofit organization which organization has
entered into an agreement with the department whereby such organization verifies
that the individual applying for such identification card is indigent. The
department shall enter into such agreements and shall adopt rules and
regulations to govern such agreements.
(c)
The department shall not be authorized to collect a fee for an identification
card from those persons who are entitled to a free veterans´ driver´s
license under the provisions of Code Section 40-5-36.
(d)
The commissioner may by rule authorize incentive discounts where identification
cards are renewed by Internet, telephone, or
mail."
PART
XVIII
Amendments
to Chapter 40-6.
Uniform
rules of the road.
SECTION
18-1.
Chapter
6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform
rules of the road, is amended in Code Section 40-6-10, relating to insurance
requirements for operation of motor vehicles generally, by striking paragraph
(3) of subsection (a) and inserting in its place a new paragraph to read as
follows:
"(3)
On and after
January 1,
2004
July 1,
2005, the requirement under this Code
section that proof or evidence of minimum liability insurance be maintained in a
motor vehicle at all times during the operation of the vehicle shall not apply
to the owner or operator of any vehicle for which the records or data base of
the Department of
Motor
Vehicle Safety
Revenue
indicates that required minimum insurance coverage is currently
effective."
SECTION
18-2.
Said
Chapter 6 of Title 40 is further amended by striking Code Section 40-6-12,
relating to proof of financial responsibility after failure to maintain
insurance, and inserting in its place a new Code section to read as
follows:
"40-6-12.
(a)
Any person convicted of a second or subsequent violation of Code Section 40-6-10
within a five-year period, as measured from date of arrest to date of arrest,
shall be required to file with the Department of
Motor
Vehicle Safety
Driver
Services and maintain for a period of
three years from the date of conviction proof of financial responsibility, as
such term is defined in paragraph (5) of Code Section 40-9-2, in addition to any
other punishment.
(b)
If the proof of financial responsibility filed in accordance with subsection (a)
of this Code section is based upon a policy issued by an insurance company, such
insurer may not cancel the policy until the Department of
Motor
Vehicle Safety
Driver
Services is given at least 30 days´
prior written notice of such
cancellation."
SECTION
18-3.
Said
Chapter 6 of Title 40 is further amended in Code Section 40-6-142, relating to
vehicles required to stop at railroad crossings, by striking subsection (a) and
inserting in its place a new subsection to read as follows:
"(a)
Except as provided in subsection (b) of this Code section, the driver of any
motor vehicle carrying passengers for hire, any bus, whether or not operated for
hire, or of any school bus, whether carrying any school children or empty, or of
any vehicle carrying any hazardous material listed in Section 392.10 of Title 49
of the Code of Federal Regulations as those regulations currently exist or as
they may in the future be amended or in regulations adopted by the commissioner
of motor
vehicle safety
public
safety, before crossing at grade any track
or tracks of a railroad, shall stop such vehicle within 50 feet but not less
than 15 feet from the nearest rail of such railroad and while so stopped shall
listen and look in both directions along such track for any approaching train
and for signals indicating the approach of a train and shall not proceed until
he or
she can do so safely. After stopping as
required in this Code section and upon proceeding when it is safe to do so, the
driver of any such vehicle shall cross only in such gear of the vehicle that
there will be no necessity for changing gears while traversing such crossing,
and the driver shall not shift gears while crossing the track or
tracks."
SECTION
18-4.
Said
Chapter 6 of Title 40 is further amended in Code Section 40-6-221, relating to
definitions applicable to handicapped parking, by striking paragraph (1) and
inserting in its place a new paragraph to read as follows:
"(1)
'Counterfeit' means any copy of any kind of parking permit for persons with
disabilities which is not authorized by and does not carry the official seal of
the Department of
Motor
Vehicle Safety
Revenue."
SECTION
18-5.
Said
Chapter 6 of Title 40 is further amended in Code Section 40-6-222, relating to
handicapped parking permits, by striking subsection (a) and inserting in its
place a new subsection to read as follows:
"(a)
The Department of
Motor
Vehicle Safety
Revenue
shall issue parking permits for persons with disabilities
at every
place where it issues drivers´
licenses
and may
delegate to county tag agents responsibility for issuance of such permits to
residents of the county served by the tag
agent. The department shall also receive
applications for and issue parking permits for persons with disabilities by mail
and shall by regulation require such proof of disability or incapacity as is
necessary to issue such permits by mail. Permits shall be in such form as the
department prescribes but shall be of sufficient size and sufficiently
distinctively marked to be easily visible when placed on or affixed to the
driver´s side of the dashboard or hung from the rearview mirror of the
parked vehicle. Permits shall be made of plastic or heavyweight cardboard and
shall be of sufficient quality to ensure that the coloring of the permit and the
ink used thereon will resist fading for a period of at least four years. Permits
shall be issued to individuals, and the name of the individual and an
identification number shall appear on the permit. The individual to whom a
permit is issued may use the permit for any vehicle he or she is operating or in
which he or she is a passenger. Permits shall also be issued to institutions
when the primary purpose of a vehicle operated by the institution is to
transport individuals with disabilities. The name of the institution, the
license number of the particular vehicle, and an identification number shall
appear on the permit. The institution may use such permit only for a vehicle
which is operated by the institution and which is used primarily to transport
individuals with
disabilities."
SECTION
18-6.
Said
Chapter 6 of Title 40 is further amended by striking Code Section 40-6-223,
relating to absence of fees for handicapped parking permits, and inserting in
its place a new Code section to read as follows:
"40-6-223.
The
Department of
Motor
Vehicle Safety
Revenue and
county tag agents shall not charge or
collect any fee for issuing parking permits for persons with disabilities under
this
part."
SECTION
18-7.
Said
Chapter 6 of Title 40 is further amended in Code Section 40-6-253.1, relating to
transportation of etiologic agents, by striking subsections (b) and (c) and
inserting in their place new subsections to read as follows:
"(b)
The transportation of infectious substances and regulated medical waste,
including but not limited to the marking of packages and marking or placarding
of vehicles with appropriate warnings, shall comply with the requirements of the
federal Hazardous Material Regulations published in Title 49 of the Code of
Federal Regulations as those regulations currently exist or may in the future be
amended and with compatible regulations adopted or promulgated by the
commissioner of
motor
vehicle safety
public
safety.
(c)
Nurses, physicians, and other health care professionals may utilize all
applicable exceptions contained in federal regulations and in the regulations of
the Department of
Motor
Vehicle Safety
Public
Safety when transporting infectious
substances."
SECTION
18-8.
Said
Chapter 6 of Title 40 is further amended by striking Code Section 40-6-277,
relating to reporting of fatal accidents, and inserting in its place a new Code
section to read as follows:
"40-6-277.
Every
sheriff and chief executive officer of a law enforcement agency other than a
sheriff shall, on or before the tenth day of each month, report in writing to
the Department of
Motor
Vehicle Safety
Transportation
the death of any person within their jurisdiction during the preceding calendar
month as the result of a traffic accident known to them, giving the time and
place of the accident and the circumstances relating thereto, in the manner
specified by the commissioner of
motor
vehicle safety
transportation."
SECTION
18-9.
Said
Chapter 6 of Title 40 is further amended by striking Code Section 40-6-278,
relating to reporting of motor vehicle accidents, and inserting in its place a
new Code section to read as follows:
"40-6-278.
The
commissioner of
motor
vehicle safety
transportation
shall prescribe, by rule, uniform motor vehicle accident reports and reporting
procedures which shall be used by all police officers, whether state, county, or
municipal. The rules shall be adopted in accordance with Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act.' The rules may require one type of
report and reporting procedure for motor vehicle accidents in which property
damage alone is involved and another type of report and reporting procedure for
motor vehicle accidents involving personal injury or death. The commissioner
may, by rule, require additional investigation or reports in case of serious
bodily injury or
death."
SECTION
18-10.
Said
Chapter 6 of Title 40 is further amended in Code Section 40-6-296, relating to
bicycle safety standards, by striking subsection (a) and inserting in its place
a new subsection to read as follows:
"(a)
Every bicycle when in use at nighttime shall be equipped with a light on the
front which shall emit a white light visible from a distance of 300 feet to the
front and with a red reflector on the rear of a type approved by the Department
of Motor
Vehicle
Public
Safety which shall be visible from a distance of 300 feet to the rear when
directly in front of lawful upper beams of headlights on a motor vehicle. A
light emitting a red light visible from a distance of 300 feet to the rear may
be used in addition to the red
reflector."
SECTION
18-11.
Said
Chapter 6 of Title 40 is further amended by striking Code Section 40-6-315,
relating to motorcycle safety standards, and inserting in its place a new Code
section to read as follows:
"40-6-315.
(a)
No person shall operate or ride upon a motorcycle unless he or she is wearing
protective headgear which complies with standards established by the
commissioner of
motor
vehicle
public
safety.
(b)
No person shall operate or ride upon a motorcycle if the motorcycle is not
equipped with a windshield unless he or she is wearing an eye-protective device
of a type approved by the commissioner of
motor
vehicle
public
safety.
(c)
This Code section shall not apply to persons riding within an enclosed cab or
motorized cart. This Code section shall not apply to a person operating a
three-wheeled motorcycle used only for agricultural purposes.
(d)
The commissioner of
motor
vehicle
public
safety is authorized to approve or disapprove protective headgear and
eye-protective devices required in this Code section and to issue and enforce
regulations establishing standards and specifications for the approval thereof.
The commissioner shall publish lists of all protective headgear and
eye-protective devices by name and type which have been approved
by
it."
SECTION
18-12.
Said
Chapter 6 of Title 40 is further amended by striking Code Section 40-6-316,
relating to promulgation of motorcycle safety rules, and inserting in its place
a new Code section to read as follows:
"40-6-316.
The
commissioner of
motor
vehicle
public
safety is authorized to promulgate rules and regulations to carry this part into
effect and to establish regulations for safety standards for the operation of
motorcycles."
SECTION
18-13.
Said
Chapter 6 of Title 40 is further amended by striking Code Section 40-6-330,
relating to motorized cart equipment regulations, and inserting in its place a
new Code section to read as follows:
"40-6-330.
Motorized
carts may be operated on streets only during daylight hours unless they comply
with the equipment regulations promulgated by the commissioner of
motor
vehicle
public
safety."
SECTION
18-14.
Said
Chapter 6 of Title 40 is further amended by striking Code Section 40-6-352,
relating to moped safety standards, and inserting in its place a new Code
section to read as follows:
"40-6-352.
(a)
No person shall operate or ride as a passenger upon a moped unless he or she is
wearing protective headgear which complies with standards established by the
commissioner of
motor
vehicle
public
safety. The commissioner in determining such standards shall consider the size,
speed, and operational characteristics of the moped. Such standards need not
necessarily be the same as for motorcyclists; however, any moped operator
wearing an approved motorcycle helmet shall be deemed in compliance with this
subsection. Operators of electric assisted bicycles may wear a properly fitted
and fastened bicycle helmet which meets the standards of the American National
Standards Institute or the Snell Memorial Foundation´s Standards for
Protective Headgear for Use in Bicycling, rather than a motorcycle
helmet.
(b)
The commissioner of
motor
vehicle
public
safety is authorized to approve or disapprove protective headgear for moped
operators and to issue and enforce regulations establishing standards and
specifications for the approval thereof. He or she shall publish lists by name
and type of all protective headgear which have been approved by him or
her."
SECTION
18-15.
Said
Chapter 6 of Title 40 is further amended by striking Code Section 40-6-354,
relating to promulgation of moped safety rules, and inserting in its place a new
Code section to read as follows:
"40-6-354.
The
commissioner of
motor
vehicle
public
safety is authorized to promulgate rules and regulations to carry this part into
effect and is authorized to establish regulations for safety equipment or
standards for the operation of
mopeds."
SECTION
18-15.1.
Said
Chapter 6 of Title 40 is further amended in Code Section 40-6-391, relating to
driving under the influence, by striking subparagraphs (c)(1)(D), (c)(2)(D), and
(c)(3)(D) and inserting in their respective places new subparagraphs to read as
follows:
"(D)
Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of
Human
Resources
Driver
Services. The sponsor of any such program
shall provide written notice of such approval to the person upon enrollment in
the program;
and"
"(D)
Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of
Human
Resources
Driver
Services. The sponsor of any such program
shall provide written notice of such approval to the person upon enrollment in
the program;
and"
"(D)
Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of
Human
Resources
Driver
Services. The sponsor of any such program
shall provide written notice of such approval to the person upon enrollment in
the program;
and"
SECTION
18-16.
Said
Chapter 6 of Title 40 is further amended in Code Section 40-6-391.1, relating to
nolo contendere pleas in driving under the influence cases, by striking
subsections (b) through (e) and inserting in their place new subsections to read
as follows:
"(b)
If the defendant has not been convicted of or had a plea of nolo contendere
accepted to a charge of violating Code Section 40-6-391 within the previous five
years and if the plea of nolo contendere shall be used as provided in paragraph
(1) of subsection (a) of Code Section 40-5-63, no such plea shall be accepted
unless, at a minimum, the following conditions are met:
(1)
The defendant has filed a verified petition with the court requesting that such
plea be accepted and setting forth the facts and special circumstances necessary
to enable the judge to determine that accepting such plea is in the best
interest of justice; and
(2)
The judge has reviewed the defendant´s driving records that are on file
with the Department of
Motor
Vehicle Safety
Driver
Services.
(c)
The judge, as part of the record of the disposition of the charge, shall set
forth, under seal of the court, his or her reasons for accepting the plea of
nolo contendere.
(d)
The record of the disposition of the case, including the ruling required in
subsection (c) of this Code section, shall be forwarded to the Department of
Motor
Vehicle Safety
Driver
Services within ten days after
disposition.
(e)
If a plea of nolo contendere is accepted under the conditions set forth in
subsection (b) of this Code section, the defendant´s driver´s license
shall be forwarded to the Department of
Motor
Vehicle Safety
Driver
Services as provided in subsection (c) of
Code Section
40-5-67."
PART
XIX
Amendments
to Chapter 40-8.
Equipment
and inspection of motor vehicles.
SECTION
19-1.
Chapter
8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment
and inspection of motor vehicles, is amended by striking Code Section 40-8-2,
relating to motor vehicle safety standards, and inserting in its place a new
Code section to read as follows:
"40-8-2.
In
addition to the requirements of this article, the commissioner of
motor
vehicle
public
safety, as to the motor vehicles within the jurisdiction of the Department of
Motor
Vehicle
Public
Safety, shall have the authority to promulgate rules designed to promote safety
pursuant to the provisions of Chapter 16 of this title and Chapter 7 of Title
46. Any such rules promulgated or deemed necessary by the commissioner shall
include the following: every motor unit and all parts thereof shall be
maintained in a safe condition at all times. The lights, brakes, and equipment
shall meet such safety requirements as the commissioner shall promulgate from
time to
time."
SECTION
19-2.
Said
Chapter 8 of Title 40 is further amended in Code Section 40-8-50, relating to
safety standards for brakes, by striking paragraph (8) of subsection (e) and
inserting in its place a new paragraph to read as follows:
"(8)
For vehicles used for commercial purposes, the vehicle or combination of
vehicles is used only in intrastate commerce and complies in all other respects
with licensing, insurance, registration, identification, driver and vehicle
safety, and hazardous materials regulations of the Department of
Motor
Vehicle Safety
Public
Safety and United States Department of
Transportation applicable to such vehicles or combination of
vehicles."
SECTION
19-3.
Said
Chapter 8 of Title 40 is further amended in Code Section 40-8-73.1, relating to
affixing of materials which reduce light transmission through windows or
windshields, by striking subsection (d) and inserting in its place a new
subsection to read as follows:
"(d)
The Department of
Motor
Vehicle
Public
Safety may, upon application from a person required for medical reasons to be
shielded from the direct rays of the sun and only if such application is
supported by written attestation of such fact from a person licensed to practice
medicine under Chapter 34 of Title 43, issue an exemption from the provisions of
this Code section for any motor vehicle owned by such person or in which such
person is a habitual passenger. The exemption shall be issued with such
conditions and limitations as may be prescribed by the Department of
Motor
Vehicle
Public
Safety."
SECTION
19-4.
Said
Chapter 8 of Title 40 is further amended in Code Section 40-8-76.1, relating to
use of safety belts in passenger vehicles, by striking paragraphs (2) and (3) of
subsection (e) and inserting in their place new paragraphs to read as
follows:
"(2)
A person failing to comply with the requirements of subsection (b) of this Code
section shall be guilty of the offense of failure to wear a seat safety belt
and, upon conviction thereof, may be fined not more than $15.00; but, the
provisions of Chapter 11 of Title 17 and any other provision of law to the
contrary notwithstanding, the costs of such prosecution shall not be taxed nor
shall any additional penalty, fee, or surcharge to a fine for such offense be
assessed against a person for conviction thereof. The court imposing such fine
shall forward a record of the disposition of the case of failure to wear a seat
safety belt to the Department of
Motor
Vehicle Safety
Driver
Services.
(3)
Each minor six years of age or older who is an occupant of a passenger vehicle
shall, while such passenger vehicle is being operated on a public road, street,
or highway of this state, be restrained by a seat safety belt approved under
Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger
six years of age or older fails to comply with the requirements of this
paragraph, the driver of the passenger vehicle shall be guilty of the offense of
failure to secure a seat safety belt on a minor and, upon conviction thereof,
may be fined not more than $25.00. The court imposing such a fine shall forward
a record of the court disposition of the case of failure to secure a seat safety
belt on a minor to the Department of
Motor
Vehicle Safety
Driver
Services."
SECTION
19-5.
Said
Chapter 8 of Title 40 is further amended in Code Section 40-8-78, relating to
motor vehicle safety glazing, by striking subsections (a) and (d) and inserting
in their respective places new subsections to read as follows:
"(a)
No person shall sell any motor vehicle manufactured after January 1, 1954, nor
shall any such motor vehicle be registered unless such vehicle is equipped with
safety glazing materials of a type approved by the commissioner of
motor
vehicle
public
safety wherever glazing materials are used in doors, windows, and windshields.
The provisions of this Code section shall apply to all passenger-type motor
vehicles, including passenger buses and school buses, but in respect to trucks,
including truck tractors, the requirements as to safety glazing materials shall
apply to all glazing materials used in doors, windows, and windshields in the
drivers´ compartments of such
vehicles."
"(d)
The commissioner of
motor
vehicle
public
safety shall compile and publish a list of types of glazing materials by name
approved by him or her as meeting the requirements of this Code section and the
commissioner shall not register any motor vehicle which is subject to the
provisions of this Code section unless it is equipped with an approved type of
safety glazing materials, and he or she shall thereafter suspend the
registration of any motor vehicle so subject to this Code section which he or
she finds is not so equipped until it is made to conform to the requirements of
this Code
section."
SECTION
19-6.
Said
Chapter 8 of Title 40 is further amended in Code Section 40-8-92, relating to
designation of emergency vehicles and use of flashing or revolving lights, by
striking subsection (a) and inserting in its place a new subsection to read as
follows:
"(a)
All emergency vehicles shall be designated as such by the commissioner of
motor
vehicle
public
safety. The commissioner shall so designate each vehicle by issuing to such
vehicle a permit to operate flashing or revolving emergency lights of the
appropriate color. Such permit shall be valid for one year from the date of
issuance; provided, however, that permits for vehicles belonging to federal,
state, county, or municipal governmental agencies shall be valid for five years
from the date of issuance. Any and all officially marked law enforcement
vehicles as specified in Code Section 40-8-91 shall not be required to have a
permit for the use of a blue light. Any and all fire department vehicles which
are distinctly marked on each side shall not be required to have a permit for
the use of a red
light."
SECTION
19-7.
Said
Chapter 8 of Title 40 is further amended by striking Code Section 40-8-95,
relating to promulgation of certain safety standards, and inserting in its place
a new Code section to read as follows:
"40-8-95.
The
commissioner of
motor
vehicle
public
safety shall implement any and all provisions of Code Sections 40-8-90, 40-8-92,
and 40-8-93 by the promulgation of necessary rules and
regulations."
SECTION
19-8.
Said
Chapter 8 of Title 40 is further amended in Code Section 40-8-220, relating to
inspection of public school buses, by striking subsections (a) and (f) and
inserting in their respective places new subsections to read as
follows:
"(a)
Every school bus which is defined by paragraph (55) of Code Section 40-1-1 which
is owned or operated by a state, county, or municipal government or under
contract by any independent school system shall be inspected annually, or more
frequently at the discretion of the commissioner of
motor
vehicle
public
safety, under the supervision of an employee of the Department of
Motor
Vehicle
Public
Safety."
"(f)
The commissioner of
motor
vehicle
public
safety is authorized to implement any and all provisions of this Code section by
the promulgation of necessary rules and regulations. When duly promulgated and
adopted, all rules and regulations issued pursuant to this Code section shall
have the force of
law."
PART
XX
Amendments
to Chapter 40-9.
The
"Motor Vehicle Safety Responsibility Act."
SECTION
20-1.
Chapter
9 of Title 40 of the Official Code of Georgia Annotated, the "Motor Vehicle
Safety Responsibility Act," is amended by striking in its entirety Article 1,
relating to general provisions of the Act, and inserting in its place a new
article to read as follows:
"ARTICLE
1
40-9-1.
This
chapter shall be known and may be cited as the 'Motor Vehicle Safety
Responsibility Act.'
40-9-2.
As
used in this chapter, the term:
(1)
'Accident' means the collision of any motor vehicle with another vehicle or with
any object or fixture, or involvement of a motor vehicle in any manner in which
any person is killed or injured or in which damage to the property of any one
person to an extent of $500.00 or more is sustained.
(2)
'Commissioner' means the commissioner of
motor
vehicle safety
driver
services.
(3)
'Department' means the Department of
Motor
Vehicle Safety
Driver
Services.
(4)
'Operator' means every person who drives or is in actual physical control of a
motor vehicle upon a highway or who is exercising control over or steering a
vehicle being towed by a motor vehicle.
(5)
'Proof of financial responsibility' means proof of ability to respond in damages
for liability on account of accidents occurring subsequent to the effective date
of said proof in the amounts specified in subparagraph (a)(1)(A) of Code Section
33-7-11.
(6)
'Registration'
means the registration certificates and registration plates issued under the
laws of this state pertaining to the registration of vehicles.
(7) 'Suspension of driver´s license'
means the temporary withdrawal by formal action of the department of a
resident´s license or nonresident´s privilege to operate a motor
vehicle on the public highways.
40-9-3.
(a)
The commissioner shall administer and enforce this chapter and is authorized to
adopt and enforce rules and regulations necessary for its administration. The
commissioner shall prescribe suitable forms requisite or deemed necessary for
the purposes of this chapter.
(b)
The commissioner shall provide for hearings upon request of persons aggrieved by
orders or acts of the commissioner under this chapter. Such hearings shall not
be subject to the procedural provisions of Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
(c)
The commissioner is authorized to adopt and enforce rules and regulations
necessary for the administration of such hearings, including but not limited to,
hearings provided in Code Section 40-9-32. Except as provided in Code Section
40-9-32, a request for a hearing under this chapter shall not operate as a stay
of any order or act of the commissioner.
(d)
The commissioner´s decision as rendered at such hearing shall be final
unless the aggrieved person shall desire an appeal, in which case he
or
she shall have the right to enter an
appeal to the superior court of the county of his
or
her residence or the Superior Court of
Fulton County by filing a complaint in the superior court, naming the
commissioner as defendant, within 30 days from the date the commissioner enters
his or
her decision or order. The appellant shall
not be required to post any bond nor pay the costs in advance. If the aggrieved
person desires, the appeal may be heard by the judge at term or in chambers or
before a jury at the first term. The hearing on the appeal shall be de novo.
However, such appeal shall not act as a supersedeas of any order or acts of the
commissioner, nor shall the appellant be allowed to operate or permit a motor
vehicle to be operated in violation of any suspension or revocation by the
commissioner while such appeal is pending.
40-9-4.
This
chapter shall not apply with respect to any motor vehicle owned by the United
States, the State of Georgia, any political subdivision of this state, or any
municipality therein, or any motor carrier required by any other law to file
evidence of insurance or other surety. Code Sections 40-9-81,
40-9-7,
40-9-6
through 40-9-8, and 40-9-12 shall apply as
to the operator of such motor vehicles. All provisions of this chapter shall
apply to the operator of such motor vehicles while on unofficial
business.
40-9-5.
(a)
If the operator or the owner of a vehicle involved in an accident in this state
has no license
or
registration, such operator shall not be
allowed a license
nor shall
such owner be allowed to register any
vehicle until he
or
she has complied with the requirements of
this chapter to the same extent that would be necessary if, at the time of the
accident, he
or
she had held a license
or been the
owner of a vehicle registered in this
state.
(b)
When a nonresident´s operating privilege is suspended pursuant to Code
Section 40-9-33 or 40-9-61, the department shall transmit a certified copy of
the record of such action to the official in charge of the issuance of licenses
and registration certificates in the state in which such nonresident resides, if
the law of such other state provides for action in relation thereto similar to
that provided for in subsection (c) of this Code section.
(c)
Upon receipt of a certification that the operating privilege of a resident of
this state has been suspended in another state pursuant to a law providing for
its suspension for failure to deposit security for the payment of judgments
arising out of a motor vehicle accident, under circumstances which would require
the department to suspend a nonresident´s operating privilege had the
accident occurred in this state, the department shall suspend the license of
such resident
and such
resident´s vehicle registration if he was the owner or operator of a motor
vehicle involved in the accident. Such
suspension shall continue until such resident furnishes evidence of his
or
her compliance with the laws of such other
state relating to the showing of proof of financial
responsibility,
or reinstatement of operating
or
registration privilege.
40-9-6.
Reserved.
(a) If an
owner´s vehicle registration has been suspended under this chapter, such
registration shall not be transferred nor shall the vehicle in respect to which
such registration was issued be registered in any other name until the
department is satisfied that such transfer of registration is proposed in good
faith and not for the purpose or with the effect of defeating the purposes of
this chapter.
(b)
Nothing in this Code section shall in any way affect the rights of any
conditional vendor, chattel mortgagee, or lessor of a vehicle registered in the
name of another as owner who becomes subject to this chapter.
40-9-7.
(a)
Any person whose driver´s license
or vehicle
registration shall have been suspended
under any provision of this chapter shall immediately return his
or
her license
and
registration to the department. If any
person shall fail to return such license
or
registration to the department, the
department shall direct any peace officer to secure possession thereof and to
return it to the department.
(b)
Any person willfully failing to return his
or
her driver´s license
or
registration as required in subsection (a)
of this Code section shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine not to exceed $500.00 or by imprisonment
for not more than 30 days, or by both such fine and imprisonment.
40-9-8.
Any
person whose driver´s
license,
vehicle registration, or
nonresident´s operating privilege has been suspended under this chapter and
who, during such suspension, drives any motor vehicle upon any highway
or
knowingly permits any motor vehicle owned by such person to be operated by
another upon any highway, except where
permitted under this chapter, shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by imprisonment for not less than five
days nor more than six months and there may be imposed in addition thereto a
fine of not more than $500.00.
40-9-9.
Whenever
a driver´s license
or vehicle
registration is suspended under any
provisions of this chapter and the filing of proof of financial responsibility
is made a prerequisite to reinstatement of such license
or
registration or both, no such license
or
registration shall be reinstated unless
the driver or owner, in addition to complying with the other provisions of this
chapter, pays to the department a fee of $25.00. Only one such fee shall be paid
by any one person irrespective of the number of licenses
and
registrations to be reinstated. The fees
paid pursuant to this Code section shall be expendable receipts to be used only
by the department toward the cost of administration of this
chapter.
40-9-10.
This
chapter shall in no respect be considered as a repeal of the state motor vehicle
laws but shall be construed as supplemental thereto.
40-9-11.
Nothing
in this chapter shall be construed as preventing the plaintiff in any action at
law from relying for relief upon the other processes provided by
law.
40-9-12.
Any
person who shall violate any provision of this chapter for which no penalty is
otherwise provided shall be guilty of a
misdemeanor."
SECTION
20-2.
Said
Chapter 9 of Title 40 is further amended by striking Code Sections 40-9-30,
relating to fees for accident reports, 40-9-31, relating to submitting accident
reports, 40-9-32, relating to determination of requirement of security, and
40-9-33, relating to suspension of license and registration for noncompliance,
and inserting in their place new Code sections to read as follows:
"40-9-30.
The
department
Department of
Transportation shall charge a fee of $5.00
for each copy of any accident report received and maintained by
the
that
department pursuant to Code Section 40-6-273.
40-9-31.
Each
state and local law enforcement agency shall submit to the Department
of Motor
Vehicle Safety
Transportation
the original document of any accident report prepared by such law enforcement
agency or submitted to such agency by a member of the public.
If the
Department of Driver Services receives a claim requesting determination of
security, the Department of Transportation shall provide a copy or an
electronic copy of any relevant accident reports to the Department of Driver
Services. A law enforcement agency may
transmit the information contained on the accident report form by electronic
means, provided that the
department
Department of
Transportation has first given approval to
the reporting agency for the electronic reporting method utilized. The law
enforcement agency shall retain a copy of each accident report. All such reports
shall be submitted to the
department
Department of
Transportation not more than 15 days
following the end of the month in which such report was prepared or received by
such law enforcement agency.
40-9-32.
(a)
The department, not less than 30 days after receipt of an accident report or
notice of an accident
with respect
to which a person claims under oath to have suffered damages and requests
determination of security, shall determine
the amount of security sufficient in its judgment to satisfy any judgment or
judgments for damages resulting from such accident that may be recovered against
each operator and owner. Such determination shall be made on the basis of the
reports or other information submitted. Notwithstanding any other provisions of
this chapter, the department shall not consider or take any action with respect
to an accident report, notice of accident, or any claim filed under this Code
section which is received more than six months after the date of the
accident.
(b)
The department, upon determining the amount of security required, shall give
written notice to each operator and owner of the amount of security required to
be deposited by him
or
her. Such notice shall state that each
operator´s
and
owner´s license
and vehicle
registration shall be suspended on the
thirtieth day from the date of mailing of notice unless within that time the
required security is deposited and such owner or operator shall give proof of
financial responsibility for the future. The license of the one depositing the
security will not then be suspended.
(c)(1)
Any person so notified may, within ten days after receipt of such notification,
make a written request to the department for a hearing. Such request shall
operate as a stay of any suspension pending the outcome of such hearing. The
scope of such hearing, for the purposes of this Code section, shall cover the
issues of whether there is a reasonable possibility that a judgment could be
rendered against such person in an action arising out of the accident and
whether such person is exempt from the requirement of depositing security under
Code Section 40-9-34. The department may also consider at such hearing the
amount of security required. The requirements of depositing security under this
Code section shall not apply to any person against whom the department has found
that there is not a reasonable possibility of a judgment being
rendered.
(2)
For the purposes of this Code section, a hearing may consist of a department
determination of such issues, such determination to be based solely on written
reports submitted by the operator or owner and by investigatory officers,
provided that the owner or operator in his
or
her request to the department for a
hearing has expressly consented to this type of hearing and that the department
has also consented thereto.
(d)
Any person required to give security after a hearing as provided in subsection
(c) of this Code section may petition for judicial review of the decision of the
department, but suspension of such person´s driver´s
license,
or
operating
privilege,
or vehicle registration shall not be
stayed while such appeal is pending. The superior court upon such appeal may
consider the written reports considered by the department at the hearing as
authorized by subsection (c) of this Code section.
40-9-33.
(a)
In the event that any person required to deposit security fails to deposit such
security within 30 days from the date of mailing of notice as provided in Code
Section 40-9-32 and such person does not make a timely request for a hearing, or
in the event any person fails to deposit security after the department has
determined that there exists a reasonable possibility of a judgment being
rendered against such person, the department shall thereupon
suspend:
(1)
The driver´s license of such person;
and
(2)
The registration of all vehicles owned by such person which are subject to
registration under the laws of this state; and
(3)(2)
If such person is a nonresident, the privilege of operating or permitting the
operation of a vehicle within this state.
(b)
The license
and
registration or nonresident´s
operating privilege shall remain so suspended and shall not be restored, nor
shall any such license
and
registration be issued to such person, nor
shall such nonresident´s operating privilege be restored,
until:
(1)
Such person shall deposit or there shall be deposited on his
or
her behalf the security and proof of
financial responsibility for the future as required by this
chapter;
(2)
One year shall have elapsed following the date of such suspension and evidence
satisfactory to the department has been filed with it that during the period of
suspension no action for damages arising out of the accident has been
instituted; or
(3)
Evidence satisfactory to the commissioner has been filed with him
or
her of a release from liability or a final
adjudication of
nonliability."
SECTION
20-3.
Said
Chapter 9 of Title 40 is further amended by striking Code Section 40-9-41,
relating to inadmissibility of proceedings as evidence, and inserting in its
place a new Code section to read as follows:
"40-9-41.
Neither
any accident report filed with the
department
Department of
Transportation, the action taken by the
department
Department of
Driver Services pursuant to this chapter,
the findings, if any, of the department upon which such action is based, nor the
security filed as provided in this chapter shall be referred to in any way, nor
shall they be any evidence of the negligence or due care of either party, at the
trial of any action at law to recover
damages."
SECTION
20-4.
Said
Chapter 9 of Title 40 is further amended by striking Code Sections 40-9-61
relating to suspension of driving privileges and registrations for violations,
40-9-62 relating to duration of suspensions, and 40-9-63 relating to installment
payment of judgments, and inserting in their place new Code sections to read as
follows:
"40-9-61.
(a)
The department, upon receipt of a certified copy of an unsatisfied judgment,
shall suspend the driver´s license
and vehicle
registration or nonresident´s
operating privilege of the person against whom such judgment was rendered except
as provided in subsections (b) and (c) of this Code section.
(b)
If the judgment creditor consents, in writing, in such form as the department
may prescribe, the department, in its discretion, may allow the judgment debtor
to retain his
or
her license
and
registration or nonresident´s
operating privilege for six months from the date of such consent and thereafter
until such consent is revoked in writing, notwithstanding default in the payment
of such judgment or of any installments as provided in Code Section
40-9-63.
(c)
The department shall take no action pursuant to subsection (a) of this Code
section if it shall find that an insurer was obligated to pay the judgment upon
which suspension is based, at least to the extent and for the amounts required
in this article, but has not paid such judgment for any reason. Such finding
shall not be binding upon such insurer and shall have no legal effect whatever
except for the purposes of administering this Code section. Whenever, in any
judicial proceedings, it shall be determined by any final judgment, decree, or
order that an insurer is not obligated to pay any such judgment, the department,
notwithstanding any contrary finding theretofore made by it, shall forthwith
suspend the license
and
registration and any
or
nonresident´s operating privilege of any person against whom such judgment
was rendered.
40-9-62.
(a)
A driver´s
license,
vehicle registration, or
nonresident´s operating privilege suspended pursuant to Code Section
40-9-61 shall remain so suspended and shall not be renewed, nor shall any such
license or registration be thereafter issued in the name of the judgment debtor,
whether or not he or she was previously licensed, unless and until every such
judgment is stayed, or satisfied in full or to the extent provided in subsection
(b) of this Code section, subject to the exceptions provided in this
article.
(b)
Judgment referred to in this article, which is based upon an accident which
occurred on or after January 1, 2001, shall, for the purpose of this chapter
only, be deemed satisfied:
(1)
When $25,000.00 has been credited upon any judgment or judgments rendered in
excess of that amount because of bodily injury to or death of one person as the
result of any one accident;
(2)
When, subject to such limit of $25,000.00 because of bodily injury to or death
of one person, $50,000.00 has been credited upon any judgment or judgments
rendered in excess of that amount because of bodily injury to or death of two or
more persons as the result of any one accident; or
(3)
When $25,000.00 has been credited upon any judgment or judgments rendered in
excess of that amount because of injury to or destruction of property of others
as a result of any one accident.
(c)
Reserved.
(d)
Payments made in settlement of any claims because of bodily injury, death, or
property damage arising from the accident shall be credited in reduction of the
amounts provided for in this Code section.
40-9-63.
(a)
A judgment debtor, upon due notice to the judgment creditor, may apply to the
court in which such judgment was rendered for the privilege of paying such
judgment in installments, and the court, in its discretion and without prejudice
to any other legal remedies which the judgment creditor may have, may so order
and fix the amounts and times of payment of the installments.
(b)
The department shall not suspend a
license,
registration, or nonresident´s
operating privilege and shall restore any
license,
registration, or nonresident´s
operating privilege suspended following nonpayment of a judgment, when the
judgment debtor obtains such an order permitting the payment of any such
judgment in installments, and while the payment of any such installments is not
in
default."
PART
XXI
Amendments
to Chapter 40-11.
Abandoned
Motor Vehicles.
SECTION
21-1.
Chapter
11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned
motor vehicles, is amended by striking Code Section 40-11-1, relating to
definitions applicable to abandoned motor vehicles in general, and inserting in
its place a new Code section to read as follows:
"40-11-1.
As
used in this article, the term:
(1)
'Abandoned motor vehicle' means a motor vehicle or trailer:
(A)
Which has been left by the owner or some person acting for the owner with an
automobile dealer, repairman, or wrecker service for repair or for some other
reason and has not been called for by such owner or other person within a period
of 30 days after the time agreed upon; or within 30 days after such vehicle is
turned over to such dealer, repairman, or wrecker service when no time is agreed
upon; or within 30 days after the completion of necessary repairs;
(B)
Which is left unattended on a public street, road, or highway or other public
property for a period of at least five days and when it reasonably appears to a
law enforcement officer that the individual who left such motor vehicle
unattended does not intend to return and remove such motor vehicle. However, on
the state highway system, any law enforcement officer
or employee
of the Department of Motor Vehicle Safety to whom enforcement authority has been
designated pursuant to Code Section
40-16-4 may authorize the immediate
removal of vehicles posing a threat to public health or safety or to mitigate
congestion;
(C)
Which has been lawfully towed onto the property of another at the request of a
law enforcement officer and left there for a period of not less than 30 days
without anyone having paid all reasonable current charges for such towing and
storage;
(D)
Which has been lawfully towed onto the property of another at the request of a
property owner on whose property the vehicle was abandoned and left there for a
period of not less than 30 days without anyone having paid all reasonable
current charges for such towing and storage; or
(E)
Which has been left unattended on private property for a period of not less than
30 days.
(2)
'Motor vehicle' or 'vehicle' means motor vehicle or trailer.
(3)
'Owner' or 'owners' means the registered owner, the owner as recorded on the
title, lessor, lessee, security interest holders, and all lienholders as shown
on the records of the Department of
Motor
Vehicle Safety
Revenue."
SECTION
21-2.
Said
Chapter 11 of Title 40 is further amended in Code Section 40-11-2, relating to
duty of person removing or storing motor vehicle, by striking subsections (e),
(h), (i), and (j) and inserting in their respective places new subsections to
read as follows:
"(e)
If none of the owners redeems such motor vehicle as described in subsection (d)
of this Code section, or if a vehicle being repaired by a repair facility or
being stored by an insurance company providing insurance to cover damages to the
vehicle becomes abandoned, the person removing or storing such motor vehicle
shall, within seven calendar days of the day such vehicle became an abandoned
motor vehicle, give notice in writing, by sworn statement, on the form
prescribed by the
state
revenue commissioner, to the Department of
Motor
Vehicle Safety
Revenue
with a research fee
of
$2.00
as fixed by
rule or regulation payable to the
Department of
Motor
Vehicle Safety
Revenue,
stating the manufacturer´s vehicle identification number, the license
number, the fact that such vehicle is an abandoned motor vehicle, the model,
year, and make of the vehicle, the date the vehicle became an abandoned motor
vehicle, the date the vehicle was removed, and the present location of such
vehicle and requesting the name and address of all owners of such vehicle. If
the form submitted is rejected because of inaccurate or missing information, the
person removing or storing the vehicle shall resubmit, within seven calendar
days of the date of the rejection, a corrected notice form together with an
additional research fee
of
$2.00
as fixed by
rule or regulation payable to the
Department of
Motor
Vehicle Safety
Revenue.
Each subsequent corrected notice, if required, shall be submitted with an
additional research fee
of
$2.00
as fixed by
rule or regulation payable to the
Department of
Motor
Vehicle Safety
Revenue.
If a person removing or storing the vehicle has knowledge of facts which
reasonably indicate that the vehicle is registered or titled in a certain other
state, such person shall check the motor vehicle records of that other state in
the attempt to ascertain the identity of the owner of the vehicle. Research
requests may be submitted and research fees made payable to the office of the
tax commissioner and deposited in the general fund for the county in which the
remover´s or storer´s place of business is located in lieu of the
Department of
Motor
Vehicle Safety
Revenue,
but in like manner, if such office processes motor vehicle records of the
Department of
Motor
Vehicle Safety
Revenue.
"
"(h)
The Department of
Motor
Vehicle Safety
Revenue
shall provide to the Georgia Crime Information Center all relevant information
from sworn statements described in subsection (e) of this Code section for a
determination of whether the vehicles removed have been entered into the
criminal justice information system as stolen vehicles. The results of the
determination shall be provided electronically to the Department of
Motor
Vehicle Safety
Revenue.
(i)
Any person storing a vehicle under the provisions of this Code section shall
notify the Department of
Motor
Vehicle Safety
Revenue
if the vehicle is recovered, is claimed by the owner, is determined to be
stolen, or for any reason is no longer an abandoned motor vehicle. Such notice
shall be provided within seven calendar days of such event.
(j)
If vehicle information on the abandoned motor vehicle is not in the files of the
Department of
Motor
Vehicle Safety
Revenue,
the department may require such other information or confirmation as it
determines is necessary or appropriate to determine the identity of the
vehicle."
SECTION
21-3
Said
Chapter 11 of Title 40 is further amended in Code Section 40-11-3, relating to
removal of vehicles from public property, by striking subsection (b) and
paragraph (1) of subsection (d) and inserting in their respective places a new
subsection and paragraph to read as follows:
"(b)
Any law enforcement officer
or employee
of the Department of Motor Vehicle Safety to whom law enforcement authority has
been designated pursuant to Code Section
40-16-4 who finds a motor vehicle which
has been left unattended on the state highway system shall be authorized to
cause such motor vehicle to be removed immediately to a garage or other place of
safety when such motor vehicle poses a threat to public health or safety or to
mitigate congestion. Any peace officer who finds a motor vehicle which has been
left unattended on a public street, road, or highway or other public property,
other than the state highway system, shall be authorized immediately to cause
such motor vehicle to be removed immediately to a garage or other place of
safety when such motor vehicle poses a threat to public health or safety or to
mitigate
congestion."
"(d)(1)
Any peace officer or the law enforcement agency which causes a motor vehicle to
be removed to a garage or other place of safety or which is notified of the
removal of a motor vehicle from private property shall within 72 hours from the
time of removal or notice and if the owner is unknown attempt to determine
vehicle ownership through official inquiries to the Department of
Motor
Vehicle Safety
Revenue
vehicle registration and vehicle title files. These inquiries shall be made from
authorized criminal justice information system network
terminals."
SECTION
21-4.
Said
Chapter 11 of Title 40 is further amended in Code Section 40-11-5, relating to
foreclosure of liens, by striking paragraphs (2) and (3) and inserting in their
place new paragraphs to read as follows:
"(2)
The person desiring to foreclose a lien on an abandoned motor vehicle shall, by
certified or registered mail or statutory overnight delivery, make a demand upon
the owners for the payment of the reasonable fees for removal and storage plus
the costs of any notification or advertisement. Such written demand shall
include an itemized statement of all charges and may be made concurrent with the
notice required by subsection (f) of Code Section 40-11-2. Such demand shall be
made on a form prescribed by rule or regulation of the Department of
Motor
Vehicle Safety
Revenue
and shall notify the owner of his or her right to a judicial hearing to
determine the validity of the lien. The demand shall further state that failure
to return the written demand to the lien claimant, file with a court of
competent jurisdiction a petition for a judicial hearing, and provide the lien
claimant with a copy of such petition, all within ten days of delivery of the
lien claimant´s written demand, shall effect a waiver of the owner´s
right to such a hearing prior to sale. The form shall also provide the
suspected owner with the option of disclaiming any ownership of the vehicle, and
his or her affidavit to that effect shall control over anything contrary in the
records of the Department of
Motor
Vehicle Safety
Revenue.
No such written demand shall be required if the identity of the owner cannot be
ascertained and the notice requirements of subsection (g) of Code Section
40-11-2 have been complied with;
(3)(A)
If, within ten days of delivery to the appropriate address of the written demand
required by paragraph (2) of this Code section, the owner of the abandoned motor
vehicle fails to pay or file with the court a petition for a judicial hearing
with a copy to the lien claimant in accordance with the notice provided pursuant
to paragraph (2) of this Code section, or if the owner of the abandoned motor
vehicle cannot be ascertained, the person removing or storing the abandoned
motor vehicle may foreclose such lien. The person asserting such lien may move
to foreclose by making an affidavit to a court of competent jurisdiction, on a
form prescribed by rule or regulation of the Department of
Motor
Vehicle Safety
Revenue,
showing all facts necessary to constitute such lien and the amount claimed to be
due. Such affidavit shall aver that the notice requirements of Code Section
40-11-2 have been complied with, and such affidavit shall also aver that a
demand for payment in accordance with paragraph (2) of this Code section has
been made without satisfaction or without a timely filing of a petition for a
judicial hearing or that the identity of the owner cannot be ascertained. The
person foreclosing shall verify the statement by oath or affirmation and shall
affix his or her signature thereto.
(B)
Regardless of the court in which the affidavit required by this paragraph is
filed, the fee for filing such affidavit shall be $10.00 per motor vehicle upon
which a lien is
asserted;".
SECTION
21-5.
Said
Chapter 11 of Title 40 is further amended by striking Code Section 40-11-7,
relating to purchasers of abandoned motor vehicles, and inserting in its place a
new Code section to read as follows:
"40-11-7.
The
purchaser at a sale as authorized in this article shall receive a certified copy
of the court order authorizing such sale. Any such purchaser may obtain a
certificate of title to such motor vehicle by filing the required application,
paying the required fees, and filing a certified copy of the order of the court
with the Department of
Motor
Vehicle Safety
Revenue.
The Department of
Motor
Vehicle Safety
Revenue
shall then issue a certificate of title, which shall be free and clear of all
liens and
encumbrances."
SECTION
21-6.
Said
Chapter 11 of Title 40 is further amended in Code Section 40-11-9, relating to
derelict motor vehicles, by striking subsections (a) and (b) and inserting in
their place new subsections to read as follows:
"(a)
If a motor vehicle has been left unattended on private property for not less
than two days or on public property for not less than three days without the
owner or driver making any attempt to recover such vehicle or to leave a
conspicuously placed note that such owner or driver intends to return for such
vehicle; or, if a conspicuous note was left, if the motor vehicle has been left
unattended for not less than five days and if because of damage, vandalism,
theft, or fire the vehicle is damaged to the extent that its restoration to an
operable condition would require the replacement of one or more major component
parts or involves any structural damage that would affect the safety of the
vehicle; or if there is evidence that the vehicle was inoperable due to major
mechanical breakdown at the time it was left on the property, such as the
engine, transmission, or wheels missing, no coolant in the cooling system, no
oil in the engine, or burned fluid in the transmission; or if the vehicle is
seven or more years old; or if the vehicle is not currently tagged or is not
verifiable by the state as to who is the current owner or lienholder of the
vehicle; or if the vehicle has been abandoned to a wrecker service by an
insurance company and the owner following the insurance company´s making a
total loss payment, then any person removing such vehicle shall within 72 hours
of removing such vehicle obtain the identity of and address of the last known
registered owner of the vehicle, the owner of the vehicle as recorded on the
certificate of title of such vehicle, and any security interest holder or
lienholder on such vehicle from the local law enforcement agency of the
jurisdiction in which the vehicle was located. If the law enforcement agency
shows no information on the vehicle, then a request for such information shall
be sent to the Department of
Motor
Vehicle Safety
Revenue.
Within 72 hours after obtaining such information, the person removing such
vehicle shall, by certified mail or statutory overnight delivery, return receipt
requested, notify the registered owner, title owner, and security interest
holder or lienholder of the vehicle that such vehicle will be declared a
derelict vehicle and the title to such vehicle will be canceled by the
Department of
Motor
Vehicle Safety
Revenue
if such person or persons fail to respond within ten days of receipt of such
notice. The
state
revenue commissioner
of motor
vehicle safety shall prescribe the form
and content of such notice. If the registered owner, title owner, or security
interest holder or lienholder fails to respond within 30 days from the date of
such notice by certified mail or statutory overnight delivery, and if the
vehicle is appraised as having a total value of less than $300.00, the vehicle
shall be considered to be a derelict vehicle. The value of the vehicle shall be
determined as 50 percent of the wholesale value of a similar car in the rough
section of the
National Auto Research
Black Book, Georgia Edition, or if a
similar vehicle is not listed in such book or, regardless of the model year or
book value of the vehicle, if the vehicle is completely destroyed by fire,
flood, or vandalism or is otherwise damaged to the extent that restoration of
the vehicle to a safe operable condition would require replacement of more than
50 percent of its major component parts, the person shall obtain an appraisal of
the motor vehicle from the local law enforcement agency´s auto theft
section with jurisdiction in the county or municipality where such vehicle is
located. Any person removing a vehicle shall complete a form, to be provided by
the Department of
Motor
Vehicle Safety
Revenue,
indicating that the vehicle meets at least four of the above-stated eight
conditions for being a derelict vehicle and shall file such form with the
Department of
Motor
Vehicle Safety
Revenue
and the law enforcement agency with jurisdiction from which such vehicle was
removed.
(b)
Upon determination that a vehicle is a derelict motor vehicle as provided in
subsection (a) of this Code section, it may be disposed of by sale to a person
who scraps, dismantles, or demolishes motor vehicles, provided that such vehicle
may be sold for scrap or parts only and shall in no event be rebuilt or sold to
the general public. Any person disposing of a derelict motor vehicle shall,
prior to disposing of such vehicle, photograph such vehicle and retain with such
photograph the appraisal required in subsection (a) of this Code section and the
notice to the Department of
Motor
Vehicle Safety
Revenue
required in this subsection for a period of three years after its disposition.
Such person shall also notify the Department of
Motor
Vehicle Safety
Revenue
of the disposition of such vehicle in such manner as may be prescribed by the
state
revenue commissioner
of motor
vehicle safety. The Department of
Motor
Vehicle Safety
Revenue
shall cancel the certificate of title for such vehicle and shall not issue a
rebuilt or salvage title for such
vehicle."
SECTION
21-7.
Said
Chapter 11 of Title 40 is further amended by striking Code Section 40-11-24,
relating to identification numbers of forfeited motor vehicles and components,
and inserting in its place a new Code section to read as follows:
"40-11-24.
Prior
to the property´s being sold or returned to the owner or otherwise disposed
of, the Department of
Motor
Vehicle Safety
Revenue
shall assign it a new identification
number."
PART
XXII
Amendments
to Chapter 40-13.
Prosecution
of traffic offenses.
SECTION
22-1.
Chapter
13 of Title 40 of the Official Code of Georgia Annotated, relating to
prosecution of traffic offenses, is amended by striking Code Section 40-13-1,
relating to uniform traffic citation forms, and inserting in its place a new
Code section to read as follows:
"40-13-1.
The
commissioner of
public
safety
driver
services shall develop a uniform traffic
citation and complaint form for use by all law enforcement officers who are
empowered to enforce the traffic laws and ordinances in effect in this state.
Such form shall serve as the citation, summons, accusation, or other instrument
of prosecution of the offense or offenses for which the accused is charged, and
as the record of the disposition of the matter by the court before which the
accused is brought, and shall contain such other matter as the commissioner
shall provide. Each such form shall have a unique identifying number which shall
serve as the docket number for the court having jurisdiction of the
accused."
SECTION
22-2.
Said
Chapter 13 of Title 40 is further amended by striking Code Section 40-13-3,
relating to reports of disposition of traffic citations, and inserting in it
place a new Code section to read as follows:
"40-13-3.
Except
for offenses tried in the superior courts, all other courts having jurisdiction
of the offense may proceed with the adjudication of the offenses contained
within the complaint without the necessity of filing an indictment or other
accusation in order to bring the accused to trial. The judge or clerk of each
court before whom a person accused of such an offense is brought shall promptly
report the final disposition of the case to the Department of
Motor
Vehicle Safety
Driver
Services. Notwithstanding the reporting
requirements of this Code section, the Department of
Motor
Vehicle Safety
Driver
Services may by rule or regulation relieve
the judge or clerk of each such court of the responsibility of reporting those
offenses which do not result in convictions or adjudications of guilt or pleas
of nolo
contendere."
SECTION
22-3.
Said
Chapter 13 of Title 40 is further amended in Code Section 40-13-32, relating to
change of sentences in traffic cases, by striking subsections (b) and (c) and
inserting in their place new subsections to read as follows:
"(b)
If the original judgment is changed or modified pursuant to this Code section,
the judge shall certify to the Department of
Motor
Vehicle Safety
Driver
Services that such change or modification
is a true and correct copy of the change or modification and that the
requirements set forth in paragraphs (1) through (3) of subsection (a) of this
Code section have been met.
(c)
Except for orders correcting clerical errors, the Department of
Motor
Vehicle Safety
Driver
Services shall not recognize as valid any
change or modification order nor make any changes to a driver´s history
unless such change or modification as submitted to the department is in strict
compliance with the requirements set forth in subsections (a) and (b) of this
Code
section."
SECTION
22-4.
Said
Chapter 13 of Title 40 is further amended in Code Section 40-13-33, relating to
habeas corpus challenges to traffic convictions, by striking subsection (c) and
inserting in its place a new subsection to read as follows:
"(c)
When the commissioner of
motor
vehicle safety
driver
services is named as the respondent, all
such petitions must be brought in the Superior Court of Fulton
County."
SECTION
22-5.
Said
Chapter 13 of Title 40 is further amended in Code Section 40-13-53, relating to
procedure in traffic violation bureau cases, by striking subsection (b) and
inserting in its place a new subsection to read as follows:
"(b)
The following offenses shall not be handled or disposed of by a traffic
violations bureau:
(1)
Any offense for which a driver´s license may be suspended by the
commissioner of
motor
vehicle safety
driver
services;
(2)
Any motor vehicle registration violation;
(3)
A violation of Code Section 40-5-20;
(4)
Speeding in excess of 30 miles per hour over the posted speed limit;
or
(5)
Any offense which would otherwise be a traffic violations bureau offense but
which arose out of the same conduct or occurred in conjunction with an offense
which is excluded from the jurisdiction of the traffic violations bureau. Any
such offense shall be subject to the maximum punishment set by
law."
SECTION
22-6.
Said
Chapter 13 of Title 40 is further amended by striking Code Section 40-13-54,
relating to processing of citations by traffic violations bureaus, and inserting
in its place a new Code section to read as follows:
"40-13-54.
The
original citation and complaint shall be sent by the officer issuing it to the
traffic violations bureau of the court within 24 hours of the arrest. The
defendant named in the citation shall be given the second copy. The officer
issuing the citation and complaint shall retain one copy for himself or herself,
and the court may, by order, provide that an additional copy shall be made for
the use of any municipality in the county or the Department of
Motor
Vehicle Safety
Driver
Services."
PART
XXIII
Amendments
to Chapters 40-14 and 40-15.
Traffic
enforcement devices and motorcycle safety programs.
SECTION
23-1.
Chapter
14 of Title 40 of the Official Code of Georgia Annotated, relating to traffic
enforcement devices, is amended by striking Code Section 40-14-16, relating to
effect of certain speeding violations on driver licensing, and inserting in its
place a new Code section to read as follows:
"40-14-16.
No
speeding violation of less than ten miles per hour above the legal speed limit
in the county or municipality or on a college or university campus in which a
person is given a speeding ticket shall be used by the Department of
Motor
Vehicle Safety
Driver
Services for the purpose of suspending or
revoking the driver´s license of the violator. No speeding violation report
by a county, municipality, or college or university campus to the Department of
Motor
Vehicle Safety
Driver
Services which fails to specify the speed
of the violator shall be used by the Department of
Motor
Vehicle Safety
Driver
Services to revoke the driver´s
license of a
violator."
SECTION
23-2.
Chapter
15 of Title 40, relating to motorcycle safety programs, is amended by in Code
Section 40-15-1, relating to definitions applicable to said chapter, by striking
paragraphs (1) through (4) and inserting in their place new paragraphs to read
as follows:
"(1)
'Board' means the Board of
Motor
Vehicle Safety
Driver
Services.
(2)
'Commissioner' means the commissioner of
motor
vehicle safety
driver
services.
(3)
'Coordinator' means the state-wide motorcycle safety coordinator provided for in
Code Section 40-15-4.
(4)
'Department' means the Department of
Motor
Vehicle Safety
Driver
Services."
PART
XXIV
Amendments
to Chapter 8 of Title 42.
Probation.
SECTION
24-1.
Chapter
8 of Title 42 of the Official Code of Georgia Annotated, relating to probation,
is amended in Code Section 42-8-26, relating to probation supervisors, by
striking paragraph (2) of subsection (c) and inserting in its place a new
paragraph to read as follows:
"(2)
No supervisor shall own, operate, have any financial interest in, be an
instructor at, or be employed by any private entity which provides drug or
alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction
Program certified by the Department of
Human
Resources
Driver
Services."
SECTION
24-2.
Said
Chapter 8 of Title 42 is further amended in Code Section 42-8-104, relating to
prohibited conflicts of interest relative to agreements for probation services,
by striking paragraph (1) of subsection (c) and inserting in its place a new
paragraph to read as follows:
"(c)(1)
No private corporation, enterprise, or agency contracting to provide probation
services under the provisions of this article on or after January 1, 1997, nor
any employees of such entities, shall own, operate, have any financial interest
in, be an instructor at, or be employed by any private entity which provides
drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk
Reduction Program certified by the Department of
Human
Resources
Driver
Services."
SECTION
24-3.
Said
Chapter 8 of Title 42 is further amended by striking subsections (a) and (d) of
Code Section 42-8-110, relating to ignition interlock devices in general, and
inserting in their respective places new subsections to read as
follows:
"(a)
As used in this article, the term 'ignition interlock device' means a constant
monitoring device certified by the commissioner of
motor
vehicle safety
driver
services which prevents a motor vehicle
from being started at any time without first determining the equivalent blood
alcohol concentration of the operator through the taking of a deep lung breath
sample. The system shall be calibrated so that the motor vehicle may not be
started if the blood alcohol concentration of the operator, as measured by the
device, exceeds 0.02 grams or if the sample is not a sample of human
breath."
"(d)
A provider center shall be authorized to charge the person whose vehicle is to
be equipped with an ignition interlock device such installation, deinstallation,
and user fees as are approved by the Department of
Motor
Vehicle Safety
Driver
Services. A provider center may also
require such person to make a security deposit for the safe return of the
ignition interlock device. Payment of any or all of such fees and deposits may
be made a condition of probation under this
order."
SECTION
24-4.
Said
Chapter 8 of Title 42 is further amended by striking subsection (c) of Code
Section 42-8-111, relating to court ordered installation of ignition interlock
devices, and inserting in its place a new subsection to read as
follows:
"(c)
In the case of any person subject to the provisions of subsection (a) of this
Code section, the court shall include in the record of conviction or violation
submitted to the Department of
Motor
Vehicle Safety
Driver
Services notice of the requirement for,
and the period of the requirement for, the use of a certified ignition interlock
device. Such notice shall specify any exemption from the installation
requirements of paragraph (1) of subsection (a) of this Code section and any
vehicles subject to the installation requirements of paragraph (2) of said
subsection. The records of the Department of
Motor
Vehicle Safety
Driver
Services shall contain a record reflecting
mandatory use of such device and the person´s driver´s license or
limited driving permit shall contain a notation that the person may only operate
a motor vehicle equipped with a functioning, certified ignition interlock
device."
SECTION
24-5.
Said
Chapter 8 of Title 42 is further amended by striking Code Section 42-8-112,
relating to required proof of compliance for reinstatement of certain licenses
and for probationary licenses, and inserting in its place a new Code section to
read as follows:
"42-8-112.
(a)
In any case where the court imposes the use of an ignition interlock device as a
condition of probation on a resident of this state whose driving privilege is
not suspended or revoked, the court shall require the person to surrender his or
her driver´s license to the court immediately and provide proof of
compliance with such order to the court or the probation officer and obtain an
ignition interlock device restricted driving license within 30 days. Upon
expiration of the period of time for which such person is required to use an
ignition interlock device, the person may apply for and receive a regular
driver´s license upon payment of the fee provided for in Code Section
40-5-25. If such person fails to provide proof of installation to the extent
required by subsection (a) of Code Section 42-8-111 and receipt of the
restricted driving license within such period, absent a finding by the court of
good cause for that failure, which finding is entered in the court´s
record, the court shall revoke or terminate the probation.
(b)(1)
In any case where the court imposes the use of an ignition interlock device as a
condition of probation on a resident of this state whose driving privilege is
suspended or revoked, the court shall require the person to provide proof of
compliance with such order to the court or the probation officer and the
Department of
Motor
Vehicle Safety
Driver
Services not later than ten days after the
date on which such person first becomes eligible to apply for an ignition
interlock device limited driving permit in accordance with paragraph (2) of this
subsection or a habitual violator´s probationary license in accordance with
paragraph (3) of this subsection, whichever is applicable. If such person fails
to provide proof of installation to the extent required by subsection (a) of
Code Section 42-8-111 within the period required by this subsection, absent a
finding by the court of good cause for that failure, which finding is entered on
the court´s record, the court shall revoke or terminate the probation if
such is still applicable.
(2)
If the person subject to court ordered use of an ignition interlock device as a
condition of probation is authorized under Code Section 40-5-63 or 40-5-67.2 to
apply for reinstatement of his or her driver´s license during the period of
suspension, such person shall, prior to applying for reinstatement of the
license, have an ignition interlock device installed and shall maintain such
ignition interlock device in a motor vehicle or vehicles to the extent required
by subsection (a) of Code Section 42-8-111 for a period of six months running
concurrently with that of an ignition interlock device limited driving permit,
which permit shall not be issued until such person submits to the department
proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program, proof
of having undergone any clinical evaluation and of having enrolled in any
substance abuse treatment program required by Code Section 40-5-63.1, and proof
of installation of an ignition interlock device on a vehicle or vehicles to the
extent required by subsection (a) of Code Section 42-8-111. Such a person may
apply for and be issued an ignition interlock device limited driving permit at
the end of 12 months after the suspension of the driver´s license. At the
expiration of such six-month ignition interlock device limited driving permit,
the driver may, if otherwise qualified, apply for reinstatement of a regular
driver´s license upon payment of the fee provided in Code Section
40-5-25.
(3)
If the person subject to court ordered use of an ignition interlock device as a
condition of probation is authorized under Code Section 40-5-58 or under Code
Section 40-5-67.2 to obtain a habitual violator´s probationary license,
such person shall, if such person is a habitual violator as a result of two or
more convictions for driving under the influence of alcohol or drugs, have an
ignition interlock device installed and maintained in a motor vehicle or
vehicles to the extent required by subsection (a) of Code Section 42-8-111 for a
period of six months following issuance of the probationary license, and such
person shall not during such six-month period drive any motor vehicle that is
not so equipped, all as conditions of such probationary license. Following
expiration of such six-month period with no violation of the conditions of the
probationary license, the person may apply for a habitual violator probationary
license without such ignition interlock device condition.
(4)
In any case where installation of an ignition interlock device is required,
failure to show proof of such device shall be grounds for refusal of
reinstatement of such license or issuance of such habitual violator´s
probationary license or the immediate suspension or revocation of such
license.
(c)
Each resident of this state who is required to have an ignition interlock device
installed pursuant to this article shall report to the provider center every 30
days for the purpose of monitoring the operation of each required ignition
interlock device. If at any time it is determined that a person has tampered
with the device, the Department of
Motor
Vehicle Safety
Driver
Services shall be given written notice
within five days by the probation officer, the court ordering the use of such
device, or the interlock provider. If an ignition interlock device is found to
be malfunctioning, it shall be replaced or repaired, as ordered by the court or
the Department of
Motor
Vehicle Safety
Driver
Services, at the expense of the
provider.
(d)(1)
If a person required to report to an ignition interlock provider as required by
subsection (c) of this Code section fails to report to the provider as required
or receives an unsatisfactory report from the provider at any time during the
six-month period, the Department of
Motor
Vehicle Safety
Driver
Services shall revoke such person´s
ignition interlock device limited driving permit immediately upon notification
from the provider of the failure to report or failure to receive a satisfactory
report. Except as provided in paragraph (2) of this subsection, within 30 days
after such revocation, the person may make a written request for a hearing and
remit to the department a payment of $250.00 for the cost of the hearing. Within
30 days after receiving a written request for a hearing and a payment of
$250.00, the Department of
Motor
Vehicle Safety
Driver
Services shall hold a hearing as provided
in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The
hearing shall be recorded.
(2)
Any person whose ignition interlock device limited driving permit was revoked on
or before July 1, 2004, for failure to report or failure to receive a
satisfactory report may make a written request for a hearing and remit to the
department a payment of $250.00 for the cost of the hearing. Within 30 days
after receiving a written request for a hearing and a payment of $250.00, the
Department of
Motor
Vehicle Safety
Driver
Services shall hold a hearing as provided
in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The
hearing shall be recorded.
(3)
If the hearing officer determines that the person failed to report to the
ignition interlock provider for any of the reasons specified below, the
Department of
Motor
Vehicle Safety
Driver
Services shall issue a new ignition
interlock device limited driving permit that shall be valid for a period of six
months to such person. Such reasons shall be for providential cause and include,
but not be limited to, the following:
(A)
Medical necessity, as evidenced by a written statement from a medical
doctor;
(B)
The person was incarcerated;
(C)
The person was required to be on the job at his or her place of employment, with
proof that the person would be terminated if he or she was not at work;
or
(D)
The vehicle with the installed interlock device was rendered inoperable by
reason of collision, fire, or a major mechanical failure.
(4)
If the hearing officer determines that the person failed to report to the
ignition interlock provider for any reason other than those specified in
paragraph (3) of this subsection, or if the person received an unsatisfactory
report from the provider, after the expiration of 120 days the person may apply
to the department and the department shall issue a new ignition interlock device
limited driving permit to such person.
(5)
This subsection shall not apply to any person convicted of violating Code
Section
42-8-118."
SECTION
24-6.
Said
Chapter 8 of Title 42 is further amended by striking Code Section 42-8-115,
relating to certification of ignition interlock devices, and inserting in its
place a new Code section to read as follows:
"42-8-115.
(a)
The commissioner of
motor
vehicle safety
driver
services or the commissioner´s
designee shall certify ignition interlock devices required by this article and
the providers of such devices and shall promulgate rules and regulations for the
certification of said devices and providers. The standards for certification of
such devices shall include, but not be limited to, those standards for such
devices promulgated by the National Highway Traffic Safety Administration and
adopted by rule or regulation of the Department of
Motor
Vehicle Safety
Driver
Services.
(b)
The commissioner of
motor
vehicle safety
driver
services may utilize information from an
independent agency to certify ignition interlock devices on or off the premises
of the manufacturer in accordance with rules and regulations promulgated
pursuant to this article. The cost of certification shall be borne by the
manufacturers of ignition interlock devices.
(c)
The commissioner of
motor
vehicle safety
driver
services shall adopt rules and regulations
for determining the accuracy of and proper use of the ignition interlock devices
in full compliance with this article. No model of ignition interlock device
shall be certified unless it meets the accuracy requirements specified by such
rules and
regulations."
SECTION
24-7.
Said
Chapter 8 of Title 42 is further amended by striking Code Section 42-8-116,
relating to warning labels affixed to ignition interlock devices, and inserting
in its place a new Code section to read as follows:
"42-8-116.
The
providers certified by the Department of
Motor
Vehicle Safety
Driver
Services shall design and adopt pursuant
to regulations of the department a warning label which shall be affixed to each
ignition interlock device upon installation. The label shall contain a warning
that any person tampering, circumventing, or otherwise misusing the device is
guilty of a misdemeanor and may be subject to civil
liability."
SECTION
24-8.
Said
Chapter 8 of Title 42 is further amended by striking Code Section 42-8-117,
relating to revocation of driving privilege upon violation of probation, and
inserting in its place a new Code section to read as follows:
"42-8-117.
(a)(1)
In the event the sentencing court finds that a person has violated the terms of
probation imposed pursuant to subsection (a) of Code Section 42-8-111, the
Department of
Motor
Vehicle Safety
Driver
Services shall revoke that person´s
driving privilege for one year from the date the court revokes that
person´s probation. The court shall report such probation revocation to the
Department of
Motor
Vehicle Safety
Driver
Services by court order.
(2)
This subsection shall not apply to any person whose limited driving permit has
been revoked under subsection (d) of Code Section 42-8-112.
(b)
In the event the sentencing court finds that a person has twice violated the
terms of probation imposed pursuant to subsection (a) of Code Section 42-8-111
during the same period of probation, the Department of
Motor
Vehicle Safety
Driver
Services shall revoke that person´s
driving privilege for five years from the date the court revokes that
person´s probation for a second time. The court shall report such probation
revocation to the Department of
Motor
Vehicle Safety
Driver
Services by court
order."
PART
XXV
Amendments
to Title 43.
Professions
and businesses.
SECTION
25-1.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
businesses, is amended in Code Section 43-13-2, relating to definitions
applicable to driver training instructors and schools, by striking paragraphs
(1) through (4) and inserting in their place new paragraphs to read as
follows:
"(1)(2)
'Department' means the Department of
Motor
Vehicle Safety
Driver
Services acting directly or through its
duly authorized officers and agents.
(2)(3)
'Driver training schools' means any person, partnership, limited liability
company, or corporation giving driving instruction
for
hire to ten or more persons per calendar
year for the purpose of assisting such persons to meet the requirements for
licensed driving of Class C or Class M motor vehicles in this state, except for
motorcycle operator safety training programs conducted by or on behalf of the
Department of
Motor
Vehicle Safety
Driver
Services pursuant to Chapter 15 of Title
40.
(3)(1)
'Commercial driver training school' means any person, partnership, limited
liability company, or corporation giving driving instruction
for
hire to ten or more persons per calendar
year for the purpose of assisting such persons to meet the requirements for
licensed driving of Class A or Class B motor vehicles in this
state.
(4)
'Driver´s license examiners' means examiners appointed by the Department of
Motor
Vehicle Safety
Driver
Services for the purpose of giving
driver´s license
examinations."
SECTION
25-2.
Said
Title 43 is further amended in Code Section 43-13-8, relating to rules,
regulations, and penalties applicable to driver training instructors and
schools, by striking subsection (a) and inserting in its place a new subsection
to read as follows:
"(a)
The commissioner of
motor
vehicle safety
driver
services is authorized to prescribe, by
rule, standards for the eligibility, conduct, equipment, and operation of driver
training schools and instructors and commercial driver training schools and
instructors and to adopt other reasonable rules and regulations to carry out
this chapter. Notwithstanding the foregoing, violations that are minor in nature
and committed by a person, firm, or corporation shall be punished only by a
written reprimand unless the person, firm, or corporation fails to remedy the
violation within 30 days, in which case an administrative fine, not to exceed
$250.00, may be
issued."
SECTION
25-3.
Said
Title 43 is further amended by striking Code Section 43-43-3, relating to duties
of scrap metal processors with respect to motor vehicle titles and license
plates, and inserting in its place a new Code section to read as
follows:
"43-43-3.
Should
a scrap metal processor be presented the certificate of title or vehicle license
plate for any vehicle or scrap vehicle purchased, that scrap metal processor
shall mail or deliver the same to the Department of
Motor
Vehicle Safety
Revenue
as required by
law."
SECTION
25-4.
Said
Title 43 is further amended in Code Section 43-47-3, relating to the State Board
of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts
Dealers, by striking paragraph (3) of subsection (a) and paragraphs (2) and (3)
of subsection (d) and inserting in their respective places new paragraphs to
read as follows:
"(3)
The state
revenue commissioner
of motor
vehicle safety, or a designated agent,
shall be a permanent ex officio member and shall be authorized to vote on all
matters before the
board;"
"(2)
The members of the used car division shall be the three independent used car
dealers, two of the members from the public at large, the
state
revenue commissioner
of motor
vehicle safety or a designated agent, the
administrator of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair
Business Practices Act of 1975,' or a designated agent, the representative of
the automobile auction industry, and the pawnbroker. All powers and duties
relating to used car dealers which are not specifically reserved to the board
shall be assigned to the used car division. The used car division shall elect
one of its members to serve as chairperson of the division for a period of one
year.
(3)
The members of the used parts division shall be the third member from the public
at large, the
state
revenue commissioner
of motor
vehicle safety or a designated agent, the
auto salvage pool operator, the two used motor vehicle parts dealers who are not
rebuilders, the rebuilder, and the representative of the automobile insurance
industry. All powers and duties relating to used parts dealers which are not
specifically reserved to the board shall be assigned to the used parts division.
The used parts division shall elect one of its members to serve as chairperson
of the division for a period of one
year."
SECTION
25-5.
Said
Title 43 is further amended in Code Section 43-47-8, relating to licensing of
used motor vehicle and used motor vehicle parts dealers, by striking subsection
(d) and inserting in its place a new subsection to read as follows:
"(d)
Each division may require either that within the preceding year the applicant
has attended a training and information seminar approved by the division or that
the applicant has passed a test approved by the division and administered by the
division director. Such seminar or test, if required, shall include, but shall
not be limited to, dealer requirements of this chapter, including books and
records to be kept; requirements
of the
Department of Motor Vehicle Safety and the Sales and Use Tax
Division of the Department of Revenue; and
such other information as in the opinion of the division will promote good
business practices. No seminar shall exceed one day in
length."
SECTION
25-6.
Said
Title 43 is further amended by striking Code Section 43-47-11.1, relating to
dealer registration plates for used motor vehicle and used motor vehicle parts
dealers, and inserting in its place a new Code section to read as
follows:
"43-47-11.1.
As
provided by law, every licensee who transfers a used motor vehicle title within
this state shall register with the
state
revenue commissioner
of motor
vehicle safety, making application for a
dealer´s registration plate. No person not licensed in accordance with this
chapter shall be entitled to receive or use any dealer´s registration
plates for motor vehicles under the motor vehicle laws of this state providing
for the issuance of such
plates."
SECTION
25-7.
Said
Title 43 is further amended by striking Code Section 43-47-15, relating to
compliance with rules and regulations relating to wrecked and salvage motor
vehicles, and inserting in its place a new Code section to read as
follows:
"43-47-15.
Any
licensee who purchases a wrecked or salvage motor vehicle or rebuilds a wrecked
or salvage motor vehicle shall fully comply with Chapter 3 of Title 40, the
'Motor Vehicle Certificate of Title Act,' regarding titling and inspection of
salvage and rebuilt vehicles, and shall comply with any rules and regulations
adopted by the
state
revenue commissioner
of motor
vehicle safety pursuant to this
chapter."
PART
XXVI
Amendments
to Code Section 44-1-13.
Removal
of improperly parked cars or trespassing personal property.
SECTION
26-1.
Code
Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal
of improperly parked cars or trespassing personal property, is amended by
striking subsections (a) and (b) and inserting in their place new subsections to
read as follows:
"(a)
As used in
this Code section, the term:
(1)
'Commission' means the Public Service Commission.
(2)
'Private property' means any parcel or space of private real
property.
(a.1)
Any person or his or her authorized agent entitled to the possession of any
parcel or
space of private
real
property,
hereinafter referred to as 'private property,'
shall have the right to remove or cause to
be removed from the property any vehicle or trespassing personal property
thereon which is not authorized to be at the place where it is found and to
store or cause to be stored such vehicle or trespassing personal property,
provided that there shall have been conspicuously posted on the private
real
property notice that any vehicle or trespassing personal property which is not
authorized to be at the place where it is found may be removed at the expense of
the owner of the vehicle or trespassing personal property. Such notice shall
also include information as to the location where the vehicle or personal
property can be recovered, the cost of said recovery, and information as to the
form of payment; provided, however, that the owner of
private
residential
private
property containing not more than four residential units shall not be required
to comply with the posting requirements of this subsection. Only towing and
storage firms issued permits or licenses by the local governing authority of the
jurisdiction in which they operate or by the
Department
of Motor Vehicle Safety
commission,
and having a secure impoundment facility, shall be permitted to remove
trespassing property and trespassing personal property at the request of the
owner or authorized agent of the private property.
(b)
Except as provided in subsection (d) of this Code section, the
Department
of Motor Vehicle Safety, hereinafter referred to as the
department,
commission
shall have the authorization to regulate and control the towing of trespassing
vehicles on private property if such towing is performed without the prior
consent or authorization of the owner or operator of the vehicle, including the
authority to set just and reasonable rates, fares, and charges for services
related to the removal, storage, and required notification to owners of such
towed vehicles. No storage fees shall be charged for the first 24 hour period
which begins at the time the vehicle is removed from the property, and no such
fees shall be allowed for the removal and storage of vehicles removed by towing
and storage firms found to be in violation of this Code section. The
Department
of Motor Vehicle Safety
commission
is authorized to impose a civil penalty for any violation of this Code section
in an amount not to exceed
$2,500.00."
PART
XXVII
Amendments
to Chapter 45-9.
Insuring
and indemnification of public officers and employees.
SECTION
27-1.
Chapter
9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring
and indemnification of public officers and employees, is amended in Code Section
45-9-81, relating to definitions applicable to the indemnification fund for
certain state employees, by striking paragraph (6) and inserting in its place a
new paragraph to read as follows:
"(6)
'Law enforcement officer' means any agent or officer of this state, or a
political subdivision or municipality thereof, who, as a full-time or part-time
employee, is vested either expressly by law or by virtue of public employment or
service with authority to enforce the criminal or traffic laws and whose duties
include the preservation of public order, the protection of life and property,
or the prevention, detection, or investigation of crime. Such term also includes
the employees designated by the commissioner of juvenile justice of the
Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of
Code Section 49-4A-8, which employees have the duty to investigate and apprehend
delinquent and unruly children who have escaped from a facility under the
jurisdiction of the Department of Juvenile Justice or who have broken the
conditions of supervision.
Such term
also includes law enforcement officers of the Department of Motor Vehicle
Safety. Such term also includes members of
the Georgia National Guard, the composition of which is set forth in Code
Section 38-2-3, who have been called into active state service by the
Governor."
SECTION
27-2.
Said
Chapter 9 of Title 45 is further amended in Code Section 45-9-102, relating to
definitions applicable to a temporary disability compensation program for
certain state employees, by striking paragraph (6) and inserting in its place a
new paragraph to read as follows:
"(6)
'Law enforcement officer' means any agent or officer of this state, or a
political subdivision or municipality thereof, who, as a full-time employee, is
vested either expressly by law or by virtue of public employment or service with
authority to enforce the criminal or traffic laws and whose duties include the
preservation of public order, the protection of life and property, or the
prevention, detection, or investigation of crime. Such term also includes prison
guards as defined under Code Section 45-9-81 and the employees designated by the
commissioner of juvenile justice of the Department of Juvenile Justice pursuant
to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have
the duty to investigate and apprehend delinquent and unruly children who have
escaped from a facility under the jurisdiction of the Department of Juvenile
Justice or who have broken the conditions of supervision
and
employees designated and delegated law enforcement powers by the commissioner of
motor vehicle safety, which personnel have the duty to enforce the laws relating
to motor carriers and the transportation of hazardous
materials."
PART
XXVIII
Amendments
to Title 46.
Public
utilities and public transportation.
SECTION
28-1.
Title
46 of the Official Code of Georgia Annotated, relating to public utilities and
public transportation, is amended in Code Section 46-1-1, relating to
definitions applicable to said title, by striking the following: paragraph (7);
division (9)(C)(ii); divisions (9)(C)(x) through (9)(C)(xiii); paragraph (11);
and paragraph (18) and inserting in their respective places new paragraphs and
divisions to read as follows:
"(7)
'Household goods' means any personal effects and property used or to be used in
a dwelling when a part of the equipment or supplies of such dwelling and such
other similar property as the
commissioner
of motor vehicle safety
commission
may provide for by regulation; provided, however, that such term shall not
include property being moved from a factory or store except when such property
has been purchased by a householder with the intent to use such property in a
dwelling and such property is transported at the request of, and with
transportation charges paid by, the
householder."
"(ii)
Taxicabs, drays, trucks, buses, and other motor vehicles which operate within
the corporate limits of municipalities and are subject to regulation by the
governing authorities of such municipalities. This exception shall apply to
taxicabs and buses even though such vehicles may, in the prosecution of their
regular business, occasionally go beyond the corporate limits of such
municipalities,
provided that they do not operate to or from fixed termini outside of such
limits and to any dray or truck which operates within the corporate limits of a
city and is subject to regulation by the governing authority of such city or by
the commissioner of motor vehicle safety and which goes beyond the corporate
limits only for the purpose of hauling chattels which have been seized under any
court
process;"
"(x)
Motor vehicles engaged exclusively in the transportation of agricultural or
dairy products, or both, between farm, market, gin, warehouse, or mill, whether
such motor vehicle is owned by the owner or producer of such agricultural or
dairy products or not, so long as the title remains in the producer. For the
purposes of this division, the term 'producer' includes a landlord where the
relations of landlord and tenant or landlord and cropper are involved. As used
in this division, the term 'agricultural products' includes fruit, livestock,
meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and
supplies transported to farms for farm purposes; or other usual farm and dairy
supplies, including products of grove or orchard; poultry and eggs; fish and
oysters; and timber or logs being hauled by the owner thereof or the
owner´s agents or employees between forest and mill or primary place of
manufacture; provided, however, motor vehicles with a manufacturer´s gross
weight rated capacity of 44,000 pounds or more engaged solely in the
transportation of unmanufactured forest products shall be subject to the Georgia
Forest Products Trucking Rules which shall be adopted and promulgated by the
commissioner of
motor
vehicle
public
safety only for application to such vehicles and vehicles defined in
subparagraph (A) of paragraph (13) of this Code section; provided, further, that
pulpwood trailers and pole trailers with a manufacturer´s gross weight
rated capacity of 10,001 pounds or more engaged solely in the transportation of
unmanufactured forest products shall have two amber side marker reflectors on
each side of the trailer chassis between the rear of the tractor cab and the
rearmost support for the load. All such reflectors shall be not less than four
inches in diameter. Such rules and any amendments thereto adopted by the
commissioner of
motor
vehicle
public
safety shall be subject to legislative review in accordance with the provisions
of Code Section 46-2-30, and, for the purposes of such rules and any amendments
thereto, the Senate Natural Resources
and the
Environment Committee and the House
Committee on Natural Resources and Environment shall be the appropriate
committees within the meaning of said Code Section 46-2-30. The first such
rules adopted by the commissioner of
motor
vehicle
public
safety shall be effective July 1, 1991;
(xi)
Reserved;
(xii)
Reserved;
Motor
vehicles engaged in compensated intercorporate hauling whereby transportation of
property is provided by a person who is a member of a corporate family for other
members of such corporate family, provided:
(I)
The parent corporation notifies the commissioner of motor vehicle safety of its
intent or the intent of one of the subsidiaries to provide the
transportation;
(II)
The notice contains a list of participating subsidiaries and an affidavit that
the parent corporation owns directly or indirectly a 100 percent interest in
each of the subsidiaries;
(III)
A copy of the notice is carried in the cab of all vehicles conducting the
transportation; and
(IV)
The transportation entity of the corporate family registers the compensated
intercorporate hauling operation with the commissioner of motor vehicle safety,
registers and identifies any of its vehicles, and becomes subject to the
commissioner´s liability insurance and motor common carrier and motor
contract carrier and hazardous materials transportation rules.
For
the purpose of this division, the term 'corporate family' means a group of
corporations consisting of a parent corporation and all subsidiaries in which
the parent corporation owns directly or indirectly a 100 percent
interest;
(xiii)
Vehicles, except limousines, transporting not more than ten persons for hire,
except that any operator of such a vehicle is required to register the exempt
operation with the
state
revenue commissioner
of motor
vehicle safety, register and identify any
of its vehicles, and become subject to the
state
revenue commissioner´s liability
insurance and vehicle safety
rules;"
"(11)
'Permit' means a registration permit issued by the
commissioner
of motor vehicle safety
state revenue
commissioner authorizing interstate
transportation for hire exempt from the jurisdiction of the United States
Department of Transportation or intrastate passenger transportation for hire
exempt from the jurisdiction of the
state
revenue commissioner
of motor
vehicle safety or intrastate
transportation by a motor carrier of
property."
"(18)
'Vehicle' or 'motor vehicle' means any vehicle, machine, tractor, trailer, or
semitrailer propelled or drawn by mechanical power and used upon the highways in
the transportation of passengers or property, or any combination thereof,
determined by the
Department
of Motor Vehicle Safety
state revenue
commissioner."
SECTION
28-2.
(a)
Said Title 46 is further amended by striking Code Section 46-7-1, relating to
definitions applicable to motor carriers, and inserting in its place a new Code
section to read as follows:
"46-7-1.
As
used in this chapter, the
term:(1)
'Commissioner' means the commissioner of motor vehicle
safety
'commission'
means the Public Service
Commission.
(2)
'Department' means the Department of Motor Vehicle
Safety."
(b)
Said Title 46 is further amended throughout Chapter 7, relating to motor
carriers and limousine carriers, by striking the term "commissioner" each place
it appears in said chapter in a Code section not otherwise amended by this Act
and inserting in each such place the term "commission".
(c)
Said Title 46 is further amended in said Chapter 7 by striking the terms "his or
her" and "he or she" and inserting respectively "its" and "it" in the following
Code sections:
(1)
Code Section 46-7-4, relating to issuance of certificates of
authority;
(2)
Code Section 46-7-7, relating to determination of issuance of
certificates;
(3)
Code Section 46-7-13, relating to temporary emergency operating authority;
and
(4)
Code Section 46-7-33, relating to administrative proceedings.
SECTION
28-2.1.
Said
Title 46 is further amended by striking Code Section 46-7-12, relating to bond
and insurance requirements, and inserting in its place new Code Sections 46-7-12
and 46-7-12.1 to read as follows:
"46-7-12.
(a)
No
certificate
or permit
motor carrier
of household goods or passengers shall be
issued or
continued in operation
a
certificate unless there is filed with the
commissioner
commission
a certificate of insurance for such applicant or holder on forms prescribed by
the
commissioner
commission
evidencing a policy of indemnity insurance
in some
indemnity
by
an insurance company
authorized
licensed
to do business in this state, which policy must provide for the protection, in
case of passenger vehicles, of passengers and
baggage
carried and of the public against injury
proximately caused by the negligence of such motor
common
carrier or motor contract carrier, its
servants, or its agents; and, in the case of vehicles transporting
freight
household
goods, to secure the owner or person
entitled to recover
therefor
against loss or damage to such
freight
household
goods for which the motor
common
carrier or motor contract carrier may be
legally liable
and for the
protection of the public against injuries proximately caused by the negligence
of such motor common carrier or motor contract carrier, its servants, or its
agents. The
commissioner.
The commission shall determine and fix the
amounts of such indemnity insurance and shall prescribe the provisions and
limitations
thereof;
and such insurance shall be for the benefit of and subject to action by any
person who shall sustain injury or loss protected thereby. Such certificate
shall be filed by the insurer.
The insurer
shall file such certificate. The failure
to file any form required by the
commissioner
commission
shall not diminish the rights of any person to pursue an action directly against
a motor
common
carrier´s or motor contract
carrier´s insurer.
(b)
The
commissioner
commission
shall have power to permit self-insurance, in lieu of a policy of indemnity
insurance, whenever in
his or
her
its
opinion the financial ability of the motor
common
carrier or motor contract carrier so
warrants.
(c)
It shall be permissible under this article for any person having a cause of
action arising under this article to join in the same action the motor
common
carrier or motor contract carrier and the
insurance carrier, whether arising in tort or contract.
46-7-12.1.
(a)
No motor common carrier or motor contract carrier shall be issued a permit
unless there is filed with the state revenue commissioner a certificate of
insurance for such applicant or holder on forms prescribed by the commissioner
evidencing a policy of indemnity insurance by an insurance company licensed to
do business in this state, which policy must provide for the protection of
passengers in the case of passenger vehicles and for protection of the public
against injury proximately caused by the negligence of such motor common or
motor contract carrier, its servants, or its agents. The state revenue
commissioner shall determine and fix the amounts of such indemnity insurance and
shall prescribe the provisions and limitations thereof. The insurer shall file
such certificate. The failure to file any form required by the state revenue
commissioner shall not diminish the rights of any person to pursue an action
directly against a motor common or motor contract carrier´s
insurer.
(b)
The state revenue commissioner shall have power to permit self-insurance, in
lieu of a policy of indemnity insurance, whenever in his or her opinion the
financial ability of the motor common or motor contract carrier so
warrants.
(c)
It shall be permissible under this article for any person having a cause of
action arising under this article to join in the same action the motor common or
motor contract carrier and the insurance carrier, whether arising in tort or
contract."
SECTION
28-3.
Said
Title 46 is further amended by striking Code Section 46-7-15, relating to
registration and licensing of carriers, Code Section 46-7-15.1, relating to
permits for carriers of property, Code Section 46-7-16, relating to certain
permitting and registration of certain types of carriers, and 46-7-17, relating
to designation and maintenance of agents for service on nonresident carriers,
and inserting in their place new Code sections to read as follows:
"46-7-15.
(a)
Except as otherwise provided in this Code section, before any motor common or
contract carrier engaged in exempt passenger intrastate commerce as provided for
in subparagraph (C) of paragraph (9) of Code Section 46-1-1 shall operate any
motor vehicle on or over any public highway of this state, it shall first secure
a registration permit from the
state
revenue commissioner by making application
therefor on forms supplied by the
state
revenue commissioner and paying a $25.00
filing fee. The application shall show the operations claimed to be exempt. A
carrier´s registration permit shall be valid so long as there is no change
in its operating authority but may be amended to reflect any changes by
application to the
state
revenue commissioner on a form provided by
the state
revenue commissioner and payment of a
$5.00 filing fee.
(b)
Every motor
common or
contract carrier operating pursuant to a
certificate or permit shall annually on or before the thirty-first day of
December of each calendar year, but not earlier than the preceding first day of
October or, as to a vehicle put into use during the course of the year, before
the vehicle is put into use, make application to the
state
revenue commissioner for the issuance of
an annual identification and registration stamp or stamps, make application for
the registration of all motor vehicles to be operated under such certificate or
permit, in such manner and form as the
state
revenue commissioner may by rule or
regulation prescribe, and shall pay to the
state
revenue commissioner a fee of $5.00 for
the registration of each vehicle and issuance of identification and registration
stamp to operate same. Each annual identification and registration stamp shall
be valid for a period of 16 months extending from the first day of October of
any year through the thirty-first day of January of the next succeeding
year.
(c)
Motor carriers operating pursuant to a certificate or permit as provided for in
this article may, in lieu of other vehicle registration provisions contained in
this Code section, register vehicles operated as an emergency, temporary, or
trip-lease vehicle for a period not exceeding 15 days by payment to the
state
revenue commissioner of a fee of $8.00 for
each vehicle so registered. Upon such registration, the
state
revenue commissioner shall issue an
emergency, temporary, or trip-lease vehicle registration permit.
(d)
Whenever any motor vehicle is operated on or over any public highway of this
state without the motor
common or
contract carrier operating such vehicle
first having obtained the annual registration and license or temporary vehicle
registration permit provided for in this Code section, the motor
common or
contract carrier operating such vehicle
shall be required to pay a fee of $25.00 for the late registration of such
vehicle.
(e)
No subdivision of this state, including cities, townships, or counties, shall
levy any excise, license, or occupation tax of any nature on a motor
common or
contract carrier, or on the equipment of a
motor
common or
contract carrier, or on the right of a
motor
common or
contract carrier to operate such
equipment, or on any incidents of the business of a motor
common or
contract carrier.
46-7-15.1.
(a)
Before any motor carrier of property shall operate any motor vehicle on or over
any public highway of this state, it shall first secure a motor carrier of
property permit from the
state
revenue commissioner by making application
therefor on forms supplied by the
state
revenue commissioner and paying
the
required
a
$50.00 filing fee. The application shall
be in writing and under oath and shall include such information as the
state
revenue commissioner may require
including, but not limited to:
(1)
Whether hazardous
commodities
materials
will be transported;
(2)
The number and type of vehicles to be utilized;
(3)
The carrier´s safety record and safety rating;
and
(4)
Proof of compliance with applicable insurance or self-insurance
requirements;
and
(5)
Evidence that the carrier´s representative or representatives have
completed an educational seminar on motor carrier operations and applicable
safety regulations which has been certified by the state revenue
commissioner.
(b)
The state
revenue commissioner shall issue the motor
carrier of property permit if the application is complete and the applicant
demonstrates compliance with the laws of this state and the rules and
regulations
of the
commissioner regarding insurance and
safety, including the handling of hazardous materials. The
state
revenue commissioner may refuse to issue a
permit where the applicant has failed to show compliance with the applicable
laws of
this state and
the
rules and regulations
of the
commissioner. In any such instance where a
permit is denied, the applicant shall, upon request made within 30 days of the
date of denial, be entitled to a hearing to contest such denial of a
permit.
(c)
The state
revenue commissioner may, at any time
after notice and a hearing, suspend, revoke, alter, or amend any permit issued
under this title if it shall appear that the holder of the permit has violated
or refused to observe any of the lawful and reasonable orders, rules, or
regulations prescribed by the
state
revenue commissioner, any provisions of
this title, or any other law of this state regulating or providing for the
taxation of motor vehicles.
46-7-16.
(a)
Before any motor carrier engaged solely in interstate commerce under authority
issued by the Interstate Commerce Commission or any successor agency shall
operate any motor vehicle on or over any public highway of this state, it shall
obtain from the
state
revenue commissioner or the carrier´s
designated base state a registration receipt issued pursuant to rules adopted by
the Interstate Commerce Commission or any successor agency as determined by
federal law.
(b)
Before any motor carrier engaged solely in interstate operations exempt from
regulation by the Interstate Commerce Commission
or any
successor agency shall operate any motor
vehicle on or over any public highway of this state, it shall
first:
(1)
Secure a registration permit from the
state
revenue commissioner by making application
therefor on forms supplied by the
state
revenue commissioner and paying a $25.00
filing fee. A carrier´s registration shall be valid so long as there is no
change in its operating authority with regard to its operations in this state,
but the registration may be amended to reflect such changes by application to
the state
revenue commissioner on forms supplied by
the state
revenue commissioner and payment of a
$5.00 filing fee;
(2)
Annually on or before the thirty-first day of December of each calendar year,
but not earlier than the preceding first day of October or, as to a vehicle put
into use during the course of the year, before the vehicle is put into use, make
application to the
state
revenue commissioner for the issuance of
an annual identification and registration stamp or stamps, make application for
the registration of all motor vehicles to be operated under such permit, in such
manner and form as the
state
revenue commissioner may by rule or
regulation prescribe, and shall pay to the
state
revenue commissioner a fee of $5.00 for
the registration of each vehicle and issuance of identification and registration
stamp to operate same. Each annual identification and registration stamp shall
be valid for a period of 16 months extending from the first day of October of
any year through the thirty-first day of January of the next succeeding year.
Notwithstanding any other provision of this Code section, the
state
revenue commissioner is authorized to
impose a vehicle identification and registration fee equal to the identification
and registration fee charged by any other state, up to a maximum of $25.00, upon
vehicles licensed in that state if such state charges equipment licensed in
Georgia a vehicle identification and registration fee in excess of $5.00;
and
(3)
Give the bond or indemnity insurance prescribed by this article, omitting the
protection in respect to their own passengers and cargoes.
(c)
Motor carriers operating pursuant to a registration permit as provided for in
this Code section may, in lieu of all other registration and identification
requirements contained in subsection (b) of this Code section, register vehicles
operated in Georgia as an emergency, temporary, or trip-lease vehicle for a
period not exceeding 15 days by payment to the
state
revenue commissioner of a fee of $8.00 for
each vehicle so registered; and upon such payment, the
state
revenue commissioner shall issue an
emergency, temporary, or trip-lease vehicle registration permit.
(d)
Where a carrier has not previously qualified with the
state
revenue commissioner to operate in
interstate exempt or intrastate commerce in Georgia pursuant to this Code
section and thus has not secured a registration permit pursuant to this Code
section, the emergency, temporary, or trip-lease vehicle registration permit
provided for in subsection (c) of this Code section will also include the
authority to operate in Georgia during the 15 day or less period covered by the
emergency, temporary, or trip-lease vehicle registration permit, provided that
the carrier has otherwise qualified its operations with the
state
revenue commissioner as provided for in
this Code section; provided, however, that whenever any motor vehicle is
operated on or over any public highway of this state without the motor carrier
operating such vehicle first having obtained the annual registration and
identification stamp or license or the emergency, temporary, or trip-lease
vehicle registration permit provided for in this Code section, the motor carrier
operating such vehicle shall be required to pay a fee of $25.00 for the late
registration and identification of such vehicle.
(e)
Reserved.
(f)
It shall not be necessary for any motor carrier to obtain a
certificate
permit
from the state
revenue commissioner when such carrier is
engaged solely in interstate commerce over the public highways of this
state.
46-7-17.
(a)
Each nonresident motor
common or
contract carrier shall, before any
certificate
or permit is issued to it under this
article or at the time of registering as required by Code Section 46-7-16,
designate and maintain in this state an agent or agents upon whom may be served
all summonses or other lawful processes in any action or proceeding against such
motor carrier growing out of its carrier operations; and service of process upon
or acceptance or acknowledgment of such service by any such agent shall have the
same legal force and validity as if duly served upon such nonresident carrier
personally. Such designation shall be in writing, shall give the name and
address of such agent or agents, and shall be filed in the office of the
state
revenue commissioner. Upon failure of any
nonresident motor carrier to file such designation with the
state
revenue commissioner or to maintain such
an agent in this state at the address given, such nonresident carrier shall be
conclusively deemed to have designated the Secretary of State and his or her
successors in office as such agent; and service of process upon or acceptance or
acknowledgment of such service by the Secretary of State shall have the same
legal force and validity as if duly served upon such nonresident carrier
personally, provided that notice of such service and a copy of the process are
immediately sent by registered or certified mail or statutory overnight delivery
by the Secretary of State or his or her successor in office to such nonresident
carrier, if its address be known. Service of such process upon the Secretary of
State shall be made by delivering to his or her office two copies of such
process with a fee of $10.00.
(b)
Except in those cases where the Constitution of Georgia requires otherwise, any
action against any resident or nonresident motor common or contract carrier for
damages by reason of any breach of duty, whether contractual or otherwise, or
for any violation of this article or of any order, decision, rule, regulation,
direction, demand, or other requirement established by the
state
revenue commissioner, may be brought in
the county where the cause of action or some part thereof arose; and if the
motor common or contract carrier or its agent shall not be found for service in
the county where the action is instituted, a second original may issue and
service be made in any other county where the service can be made upon the motor
common or contract carrier or its agent. The venue prescribed by this Code
section shall be cumulative of any other venue provided by
law."
SECTION
28-4.
Said
Title 46 is further amended by striking Code Section 46-7-23, relating to
examination of records of carriers, and inserting in its place a new Code
section to read as follows:
"46-7-23.
The
commissioner
commission
shall prescribe the books and the forms of accounts to be kept by the holders of
certificates under this article, which books and accounts shall be preserved for
such reasonable time as may be prescribed by the
commissioner
commission.
The books and records of every certificate holder shall be at all times open to
the inspection of
the
commissioner or any agent of the
department
commission
for such purpose. The
commissioner
commission
shall have the power to examine the books and records of all motor carriers to
whom he or
she
it
has granted certificates or permits to operate under this article and to examine
under oath the officers and agents of any motor carrier with respect
thereto."
SECTION
28-5.
Said
Title 46 is further amended by striking Code Section 46-7-26, relating to rules
and regulations for the safe operation of motor vehicles and drivers and the
safe transportation of hazardous materials, and inserting in its place a new
Code section to read as follows:
"46-7-26.
(a)
The commissioner
of public
safety shall have the authority to
promulgate rules and regulations for the safe operation of motor vehicles and
drivers and the safe transportation of hazardous materials. Any such rules and
regulations promulgated or deemed necessary by the commissioner
of public
safety shall include the
following:
(1)
Every motor vehicle and all parts thereof shall be maintained in a safe
condition at all times; and the lights, brakes, and equipment shall meet such
safety requirements as the commissioner
of public
safety shall from time to time
promulgate.
Specifically but without limitation, the commissioner shall promulgate rules or
regulations for the safe operation of trailers or semitrailers effective on and
after July 1, 2000, consistent with the applicable provisions of Code Section
40-8-50;
(2)
Every driver employed to operate a motor vehicle for a motor
common or
contract carrier shall be at least 18
years of age, of temperate habits and good moral character, possess a valid
driver´s license, not use or possess prohibited drugs or alcohol while on
duty, and shall be fully competent to operate the motor vehicle under his or her
charge;
(3)
Accidents arising from or in connection with the operation of motor common or
contract carriers shall be reported to the commissioner
of
transportation in such detail and in such
manner as the commissioner
of
transportation may require;
and
(4)
The commissioner
of public
safety shall require every motor common
and contract carrier to have attached to each unit or vehicle such distinctive
markings or tags as shall be adopted by the commissioner
of public
safety.
(b)
Regulations governing the safe operation of motor vehicles and drivers and the
safe transportation of hazardous materials may be adopted by administrative
order referencing compatible federal regulations or standards without compliance
with the procedural requirements of Chapter 13 of Title 50, provided that such
compatible federal regulations or standards shall be maintained on file by the
Department of Public Safety and made available for inspection and copying by the
public, by means including but not limited to posting on the department´s
computer Internet site.
(c)
The commissioner of public safety may pursuant to rule or regulation specify and
impose civil monetary penalties for violations of laws, rules, and regulations
relating to driver and motor carrier safety and transportation of hazardous
materials. Except as may be hereafter authorized by law, the maximum amount of
any such monetary penalty shall not exceed the maximum penalty authorized by law
or rule or regulation for the same violation immediately prior to July 1,
2005."
SECTION
28-5.1.
Said
Title 46 is further amended by striking Code Section 46-7-27, relating to
adoption of regulations, and inserting in its place a new Code section to read
as follows:
"46-7-27.
The
commissioner
is
Public Service
Commission, Department of Public Safety, and Department of Revenue
are authorized to adopt such rules and
orders as
he or
she
they
may deem necessary in the enforcement of this
article
chapter.
Such rules and orders
so approved
by the commissioner shall have the same
dignity and standing as if such rules and orders were specifically provided in
this
article
chapter."
SECTION
28-5.2.
Said
Title 46 is further amended by striking Code Section 46-7-39, relating to
criminal penalties, and inserting in its place a new Code section to read as
follows:
"46-7-39.
Every
officer, agent, or employee of any corporation and every person who violates or
fails to comply with this
article
chapter
relating to the regulation of motor carriers, or any order, rule, or regulation
of the
commissioner
Public Service
Commission, Department of Public Safety, or Department of
Revenue, or who procures, aids, or abets
therein, shall be guilty of a
misdemeanor."
SECTION
28-6.
Said
Title 46 is further amended by striking Article 3 of Chapter 7, relating to
limousine carriers, and inserting in its place a new article to read as
follows:
"ARTICLE
3
46-7-85.1.
As
used in this article, the term:
(1)
'Certificate' means a certificate issued by the
commissioner
commission.
(2)
'Chauffeur' means any person with a Georgia state driver´s license who
meets the qualifications as prescribed in Code Section 46-7-85.10 and who is
authorized by the commissioner
of driver
services to drive a limousine under this
article.
(3)
'Commissioner'
means the commissioner of motor vehicle
safety.
'Commission'
means the Public Service Commission.
(3.1)
'Department' means the Department of Motor Vehicle Safety.
(4)
'Limousine' means any motor vehicle that meets the manufacturer´s
specifications for a luxury limousine with a designed seating capacity for no
more than ten passengers and with a minimum of five seats located behind the
operator of the vehicle, and which does not have a door at the rear of the
vehicle designed to allow passenger entry or exit; further, no vehicle shall be
permitted to be operated both as a taxicab and a limousine.
(5)
'Limousine carrier' means any person operating a service regularly rendered to
the public by furnishing transportation as a motor common carrier for hire, not
over fixed routes, by means of limousines, or extended limousines, on the basis
of telephone contract or written contract.
(6)
'Person' means any individual, firm, partnership, corporation, company,
association, or joint-stock association, and includes any trustee, receiver,
assignee, or personal representative thereof.
(7)
'Public highway' means every public street, road, or highway in this
state.
46-7-85.2.
No
limousine carrier shall operate any limousine for the transportation of
passengers for compensation on any public highway in this state except in
accordance with the provisions of this article.
46-7-85.3.
No
person may engage in the business of a limousine carrier over any public highway
in this state without first having obtained from the
commissioner
commission
a certificate to do so.
46-7-85.4.
(a)
The
commissioner
commission
shall prescribe the form of the application for the certificate and shall
prescribe such reasonable requirements as to notice, publication, proof of
service, maintenance of adequate liability insurance coverage, and information
as may, in
his or
her
its
judgment, be necessary and may establish fees as part of such certificate
process.
(b)
A certificate shall be issued to any qualified applicant, provided that such
applicant is a limousine carrier business domiciled in this state, authorizing
the operations covered by the application if it is found that the applicant is
fit, willing, and able to perform properly the service and conform to the
provisions of this article and the rules and regulations of the
commissioner
commission
and has not been convicted of any felony as such violation or violations are
related to the operation of a motor vehicle.
46-7-85.5.
(a)
It shall be the duty of the
commissioner
commission
to regulate limousine carriers with respect to the safety of
equipment.
(b)
The
department
commission
shall require safety and mechanical inspections at least on an annual basis for
each vehicle owned and operated by a limousine carrier. The
commissioner
commission
shall provide, by rule or regulation, for the scope of such inspections, the
qualifications of persons who may conduct such inspections, and the manner by
which the results of such inspections shall be reported to the
department
commission.
46-7-85.6.
No
certificate issued under this article may be leased, assigned, or otherwise
transferred or encumbered unless authorized by the
commissioner
commission.
46-7-85.7.
The
commissioner
commission
may cancel, revoke, or suspend any certificate issued under this article on any
of the following grounds:
(1)
The violation of any of the provisions of this article;
(2)
The violation of an order, decision, rule, regulation, or requirement
established by the
commissioner
commission
pursuant to this article;
(3)
Failure of a limousine carrier to pay a fee imposed on the carrier within the
time required by law or by the
commissioner
commission;
(4)
Failure of a limousine carrier to maintain required insurance in full force and
effect; and
(5)
Failure of a limousine carrier to operate and perform reasonable
services.
46-7-85.8.
After
the cancellation or revocation of a certificate or during the period of its
suspension, it is unlawful for a limousine carrier to conduct any operations as
such a carrier.
46-7-85.9.
Pursuant
to rules and regulations prescribed by the commissioner
of driver
services, each chauffeur employed by a
limousine carrier shall
register
with the commissioner and secure
from the
Department of Driver Services a permit as
a limousine chauffeur. A chauffeur´s permit issued under this
subsection
Code
section shall be upon a form prescribed by
the commissioner
of driver
services and shall bear thereon a
distinguishing number assigned to the permittee, the full name and a photograph
of the permittee, and such other information or identification as is required by
the commissioner
of driver
services. Every chauffeur employed by a
limousine carrier shall have his or her chauffeur´s permit in his or her
immediate possession at all times while operating a limousine. All applications
for a chauffeur´s permit shall be accompanied by such fee as the
commissioner
of driver
services shall prescribe. The
chauffeur´s permit shall be valid for four calendar years. The
commissioner
Department of
Driver Services may issue a
chauffeur´s permit by mail.
46-7-85.10.
In
order to secure a chauffeur´s permit, an applicant must provide the
following information on a form provided by the commissioner
of driver
services. The applicant
must:
(1)
Be at least 18 years of age;
(2)
Possess a valid Georgia driver´s license which is not limited as defined in
Code Section 40-5-64; and
(3)(A)
Not have been convicted, been on probation or parole, or served time on a
sentence for a period of five years previous to the date of application for the
violation of any of the following criminal offenses of this state or any other
state or of the United States: criminal homicide, rape, aggravated battery,
mayhem, burglary, aggravated assault, kidnapping, robbery, driving a motor
vehicle while under the influence of intoxicating beverages or drugs, child
molestation, any sex related offense, leaving the scene of an accident, criminal
solicitation to commit any of the above, any felony in the commission of which a
motor vehicle was used, perjury or false swearing in making any statement under
oath in connection with the application for a chauffeur´s permit, any law
involving violence or theft, or possession, sale, or distribution of narcotic
drugs, barbituric acid derivatives, or central nervous system stimulants;
provided, however, that all applicants shall be entitled to the full benefits of
Article 3 of Chapter 8 of Title 42, relating to first offender
probation.
(B)
If at the time of application the applicant is charged with any of the offenses
described in subparagraph (A) of this paragraph, consideration of the
application shall be suspended until entry of a plea or verdict or
dismissal.
(C)
If after the issuance of a permit a person is charged with any of the offenses
described in subparagraph (A) of this paragraph, the permit shall be suspended
pending disposition of such charge. If the person is convicted of such charge,
the permit shall be revoked.
(D)
For purposes of this paragraph, a plea of nolo contendere to any of the offenses
set out in this paragraph shall constitute a conviction.
46-7-85.11.
The
State of Georgia fully occupies and preempts the entire field of regulation over
limousine carriers as regulated by this article; provided, however, that the
governing authority of any county or municipal airport shall be authorized to
permit any limousine carrier doing business at any such airport and may
establish fees as part of such permitting process; provided, further, that
counties and municipalities may enact ordinances and regulations which require
limousine carriers which are domiciled within their boundaries to pay business
license fees.
46-7-85.12.
A
limousine carrier operating under a certificate issued by the
commissioner
commission
shall be required to file with the
commissioner
commission
a tariff of rates and charges.
46-7-85.13.
Before
the
commissioner
commission
shall enter any order, regulation, or requirement directed against any limousine
carrier, such carrier shall first be given reasonable notice and an opportunity
to be heard on the matter.
46-7-85.14.
Reserved.
A limousine
carrier may obtain a temporary permit for a period of 21 consecutive days
beginning and ending on the dates specified on the face of the permit. Temporary
permits shall be obtained by limousine carriers which make only infrequent trips
within and through this state. The fee for each temporary certificate shall be
$100.00 per week and $20.00 for each vehicle. No temporary permit shall be
issued without the commissioner having first received satisfactory proof that
the carrier meets the insurance requirements of the rules and regulations of the
commissioner. A temporary permit shall be carried in the motor vehicle for which
it was issued at all times such vehicle is in this state. The commissioner may
issue a temporary permit by facsimile message or letter. Any chauffeur operating
a limousine under a temporary permit issued pursuant to this Code section shall
be required to obtain a chauffeur´s permit.
46-7-85.15.
Each
limousine carrier which registers any vehicle under this article shall, for each
such certificated vehicle, affix to the center of the front bumper of each such
certificated vehicle a standard size license plate bearing the following
information: (1) limousine company name, (2) city and state of principal
domicile, (3) company telephone number, and (4) the vehicle classification,
IE-1. The cost for such license plate shall be the sole responsibility of the
limousine carrier and must be placed on each certificated vehicle prior to said
vehicle being placed in service
and no
later than May 1, 1994, for all such vehicles currently owned and to be
registered and operated by a limousine
carrier.
46-7-85.16.
Reserved.
46-7-85.17.
The
commissioner
commission
shall promulgate such rules and regulations as are necessary to effectuate and
administer the provisions of this
article."
SECTION
28-7.
Said
Title 46 is further amended by striking Code Section 46-11-2, relating to
purpose of the law relating to transportation of hazardous materials, and
inserting in its place a new Code Section to read as follows:
"46-11-2.
"The
General Assembly finds that the transportation of hazardous materials on the
public roads of this state presents a unique and potentially catastrophic hazard
to the public health, safety, and welfare of the people of Georgia and that the
protection of the public health, safety, and welfare requires control and
regulation of such transportation to minimize that hazard; to that end this
chapter is enacted. The Department of
Motor
Vehicle
Public
Safety is designated as the agency to implement this
chapter."
SECTION
28-8.
Said
Title 46 is further amended in Code Section 46-11-3, relating to definitions
applicable to transportation of hazardous materials, by striking paragraph (2)
and inserting in its place a new paragraph to read as follows:
"(2)
'Commissioner' means the commissioner of
motor
vehicle safety
public
safety."
SECTION
28-9.
Said
Title 46 is further amended in Code Section 46-11-4, relating to regulation of
transportation of hazardous materials, by striking subsection (f) and inserting
in its place a new subsection to read as follows:
"(f)
Every such permit shall be carried in the vehicles or combination of vehicles to
which it refers and shall be open to inspection by any law enforcement officer
or employee
of the Department of Motor Vehicle Safety who has been given enforcement
authority by the
commissioner."
SECTION
28-10.
Said
Title 46 is further amended by striking Code Section 46-11-5, relating to rules
for the transportation of hazardous materials, and inserting in its place a new
Code section to read as follows:
"46-11-5.
(a)
The commissioner is authorized and empowered to adopt, promulgate, amend,
repeal, or modify such standards, rules, and regulations and to issue such
orders, authorizations, or amendments or modifications thereof as are necessary
to implement this chapter. Any standards, rules, or regulations adopted pursuant
to this chapter, if consistent with the applicable laws relating to adoption of
such standards, rules, or regulations, shall have the force and effect of
law.
(b)(1)
As used in this subsection, the term 'anhydrous ammonia' means any substance
identified to contain the compound ammonia which is capable of being utilized in
the production of methamphetamine or any other controlled
substance.
(2)
Any person, firm, or corporation transporting methamphetamine, amphetamine, any
mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or
any mixture containing anhydrous ammonia shall be subject to all rules and
regulations promulgated by the commissioner pursuant to this chapter governing
the safe operation of motor vehicles and drivers and the safe transportation of
hazardous materials.
(3)
Notwithstanding any other provision of law, the commissioner may impose civil
monetary penalties in an amount not to exceed $25,000.00 for each violation of
any rules and regulations promulgated pursuant to this chapter or Code Section
46-7-26 with respect to persons transporting methamphetamine, amphetamine, any
mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or
any mixture containing anhydrous
ammonia."
SECTION
28-11.
Said
Title 46 is further amended by striking Code Section 46-11-6, relating to
enforcement concerning hazardous materials transportation, and inserting in its
place a new Code section to read as follows:
"46-11-6.
(a)
The commissioner is authorized to employ such persons as may be necessary, in
the discretion of the commissioner, for the proper enforcement of this chapter,
the salaries for such employees to be fixed by the commissioner.
(b)
The commissioner is vested with police powers and authority to designate,
deputize, and delegate to employees of the Department of
Motor
Vehicle
Public
Safety the necessary authority to enforce this chapter, including the power to
stop and inspect all motor vehicles using the public highways for purposes of
determining whether such vehicles have complied with and are complying with the
provisions of this chapter and all other laws regulating the use of the public
highways by motor vehicles, and to arrest all persons found in violation
thereof."
PART
XXIX
Amendments
to Title 48.
Revenue
and taxation.
SECTION
29-1.
Title
48 of the Official Code of Georgia Annotated, relating to revenue and taxation,
is amended in Code Section 48-5-126.1, relating to training classes for county
tax collectors and tax commissioners, by striking subsections (b) through (g)
and inserting in their place new subsections to read as follows:
"(b)
In the event a county tax collector or tax commissioner who has never served in
such office prior to January 1, 1982, assumes the office during a regular term
of office, such local tax official shall be required to obtain special training
and instruction from the Department of
Motor
Vehicle Safety and the Property Tax Division of the Department
of Revenue in lieu of the training
requirements of subsection (a) of this Code section.
(c)
Beginning January 1, 2005, each county tax collector or tax commissioner shall
be required to attend 15 hours of training classes on county tax administration,
property taxation, motor vehicle titling and registration, or related matters
during each year of service as a county tax collector or tax commissioner. For
the purposes of satisfying the requirements of this subsection, credit will be
given for attendance of the county taxation seminar conducted by the University
of Georgia under the supervision of the Georgia Center for Continuing Education
or any seminar conducted by the Department of Revenue,
the
Department of Motor Vehicle Safety, the
Georgia Association of Tax Officials, or other similarly qualified organization
of affiliated tax officials, or certain management, supervisory, leadership, or
accounting seminars that qualify for continuing education credits. This training
shall be generally devoted to contemporary business and taxation practices and
shall be germane to the duties and operational functions of the office of county
tax collector or tax commissioner. This subsection shall not apply to a county
tax collector or tax commissioner who is serving the first year of such
official´s initial term of office.
(d)
The costs of attending the training classes required by this Code section shall
be met by the payment of registration fees by each local tax official attending
such classes. Each local tax official shall be reimbursed by such
official´s county for the amount of such fees and related travel
expenses.
(e)
The instructors for the training classes required by this Code section shall
consist of representatives of the Department of Revenue,
the
Department of Motor Vehicle Safety, the
Georgia Association of Tax Officials or other similarly qualified organization
of affiliated tax officials, the Georgia Center for Continuing Education, or any
other qualified persons with expertise in the field of county tax
administration, property taxation, motor vehicle titling and registration, or
related matters.
(f)
The
commissioners
of the Department of Revenue and the Department of Motor Vehicle
Safety
state revenue
commissioner may adopt and enforce
reasonable rules and regulations governing the establishment and administration
of the training classes provided for by this Code section.
(g)
The
commissioners
of the Department of Revenue and the Department of Motor Vehicle Safety
are
state revenue
commissioner is authorized to work with
officials and personnel of the Georgia Center for Continuing Education in
establishing the training classes to be held at that institution."
SECTION
29-2.
Said
Title 48 is further amended by striking Code Section 48-5-474, relating to
return of motor vehicles for ad valorem taxation, and inserting in its place a
new Code section to read as follows:
"48-5-474.
The
application for registration of a motor vehicle and for the purchase of a
license plate for the motor vehicle shall constitute the return of that motor
vehicle for ad valorem taxation but only if ad valorem taxes are due at the time
of registration. The state revenue commissioner
and the
commissioner of motor vehicle safety are
is
directed to
jointly
prescribe a form for the application for registration which shall provide the
information needed by the tax commissioner or tax collector in determining the
amount of taxes due under this
article."
SECTION
29-3.
Said
Title 48 is further amended by striking Code Section 48-5-475, relating to sale
of motor vehicle license plates, and inserting in its place a new Code section
to read as follows:
"48-5-475.
All
original motor vehicle license plates shall be sold by the tax collector or tax
commissioner of the several counties. Such officials are designated as agents of
the state
revenue commissioner
of motor
vehicle safety for the purpose of
accepting applications for the registration of motor vehicles and
as agents
of the state revenue commissioner for
purposes of collecting ad valorem taxes in connection with the registration of
motor vehicles. The duties and responsibilities incident to the exercise of this
designation shall be a part of the official duties and responsibilities of the
various tax collectors and tax
commissioners."
SECTION
29-4.
Said
Title 48 is further amended in Code Section 48-7-29.5, relating to income tax
credits for driver education expenditures, by striking subsection (a) and
inserting in its place a new subsection to read as follows:
"(a)
A taxpayer shall be allowed a credit against the tax imposed by Code Section
48-7-20 with respect to the amount expended by such taxpayer for a completed
course of driver education for a dependent minor child of such taxpayer at a
private driver training school licensed by the Department of
Motor
Vehicle Safety
Driver
Services under Chapter 13 of Title 43,
'The Driver Training School License Act,' except as otherwise provided by this
Code section. The amount of such tax credit per dependent minor child of a
taxpayer shall be the actual amount expended for such course, or $150.00,
whichever is
less."
SECTION
29-5.
Said
Title 48 is further amended in Code Section 48-7-40.16, relating to income tax
credits for low-emission vehicles, by striking paragraph (6) of subsection (a)
and inserting in its place a new paragraph to read as follows:
"(6)
'Motor vehicle' means any self-propelled vehicle designed for transporting
persons or property on a street or highway that is registered by the Department
of Motor
Vehicle Safety
Revenue,
except vehicles that are defined as 'low-speed vehicles' in paragraph (25.1) of
Code Section
40-1-1."
SECTION
29-6.
Said
Title 48 is further amended in Code Section 48-8-3, relating to exemptions from
sales and use taxation, by striking paragraph (5) and inserting in its place a
new paragraph to read as follows:
"(5)(A)
Fares and charges, except charges for charter and sightseeing service, collected
by an urban transit system for the transportation of passengers.
(B)
As used in this paragraph, the term:
(i)
'Public transit system primarily urban in character' shall include a transit
system operated by any entity which provides passenger transportation services
by means of motor vehicles having passenger-carrying capacity within or between
standard metropolitan areas and urban areas, as those terms are defined in Code
Section 32-2-3, of this state.
(ii)
'Urban transit system' means a public transit system primarily urban in
character which is operated by a street railroad company or a motor common
carrier, is subject to the jurisdiction of the
Department
of Motor Vehicle Safety
Public Service
Commission, and whose fares and charges
are regulated by the
Department
of Motor Vehicle Safety
Public Service
Commission, or is operated pursuant to a
franchise contract with a municipality of this state so that its fares and
charges are regulated by or are subject to the approval of the municipality. An
urban transit system certificate shall be issued by the
Department
of Motor Vehicle Safety
Public Service
Commission, or by the municipality which
has regulatory authority, upon an affirmative showing that the applicant
operates an urban transit system. The certificate shall be obtained and filed
with the commissioner and shall continue in effect so long as the holder of such
certificate qualifies as an urban transit system. Any urban transit system
certificate granted
by the
Department of Motor Vehicle Safety prior
to January 1, 2002, shall be deemed valid as of the date it was
issued;".
PART
XXX
Amendments
to Title 50.
State
government.
SECTION
30-1.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by striking Code Section 50-1-2, relating to the Coordination Council
for North American Affairs of the Republic of China, and inserting in its place
a new Code Section 50-1-2 to read as follows:
"50-1-2.
The
Atlanta
office of the Coordination Council for North American Affairs of the Republic of
China
Taipei
Economic and Cultural Representatives Office in the United
States, while it maintains an office in
Atlanta
the State of
Georgia, shall be accorded the same
privileges and exemptions concerning taxation,
automobile
license plates
the operation
of motor vehicles, education,
diplomatic
immunity, and any other privileges and
exemptions,
except that the automobile license plate shall state 'foreign government' or
similar words as the commissioner of motor vehicle safety shall deem appropriate
in lieu of the words 'consular corps,' as were formerly enjoyed by the Consulate
General of the Republic of China and which are extended to consulates general of
foreign countries generally
as provided by
the Taiwan Relations Act, 22 U.S.C. Section 3301, et
seq."
SECTION
30-2.
Said
Title 50 is further amended in Code Section 50-18-72, relating to government
records for which public disclosure is not required, by striking paragraph (4.1)
of subsection (a) and inserting in its place a new paragraph to read as
follows:
"(4.1)
Individual Georgia Uniform Motor Vehicle Accident Reports, except upon the
submission of a written statement of need by the requesting party, such
statement to be provided to the custodian of records and to set forth the need
for the report pursuant to this Code section; provided, however, that any person
or entity whose name or identifying information is contained in a Georgia
Uniform Motor Vehicle Accident Report shall be entitled, either personally or
through a lawyer or other representative, to receive a copy of such report; and
provided, further, that Georgia Uniform Motor Vehicle Accident Reports shall not
be available in bulk for inspection or copying by any person absent a written
statement showing the need for each such report pursuant to the requirements of
this Code section. For the purposes of this subsection, the term 'need' means
that the natural person or legal entity who is requesting in person or by
representative to inspect or copy the Georgia Uniform Motor Vehicle Accident
Report:
(A)
Has a personal, professional, or business connection with a party to the
accident;
(B)
Owns or leases an interest in property allegedly or actually damaged in the
accident;
(C)
Was allegedly or actually injured by the accident;
(D)
Was a witness to the accident;
(E)
Is the actual or alleged insurer of a party to the accident or of property
actually or allegedly damaged by the accident;
(F)
Is a prosecutor or a publicly employed law enforcement officer;
(G)
Is alleged to be liable to another party as a result of the
accident;
(H)
Is an attorney stating that he or she needs the requested reports as part of a
criminal case, or an investigation of a potential claim involving contentions
that a roadway, railroad crossing, or intersection is unsafe;
(I)
Is gathering information as a representative of a news media organization;
or
(J)
Is conducting research in the public interest for such purposes as accident
prevention, prevention of injuries or damages in accidents, determination of
fault in an accident or accidents, or other similar purposes; provided, however,
this subparagraph will apply only to accident reports on accidents that occurred
more than 30 days prior to the request and which shall have the name, street
address, telephone number, and driver´s license number redacted;
or
(K)
Is a governmental official, entity, or agency, or an authorized agent thereof,
requesting reports for the purpose of carrying out governmental functions or
legitimate governmental
duties;"
PART
XXXI
Amendment
to Title 52.
Waters
of the state, ports, and watercraft.
SECTION
31-1.
Title
52 of the Official Code of Georgia Annotated, relating to waters of the state,
ports, and watercraft, is amended in Code Section 52-7-12.6, relating to boating
privileges , by striking subsection (a) and inserting in its place a new
subsection to read as follows:
"(a)
Any operator´s privilege to operate a vessel on the waters of this state
required to be suspended under subsection (d) of Code Section 52-7-12.5 shall be
suspended subject to the following terms and conditions:
(1)
Upon the first suspension pursuant to subsection (d) of Code Section 52-7-12.5
within the previous five years, as measured from the dates of previous arrests
for which a suspension was obtained to the date of the current arrest for which
a suspension is obtained, the period of suspension shall be for one year. Not
sooner than 30 days following the effective date of suspension, the person may
apply to the department for reinstatement of his or her operator´s
privilege. Such privilege shall be reinstated if such person submits proof of
completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of
Human
Resources
Driver
Services. An operator´s privilege
suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such
person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction
Program approved by the Department of
Human
Resources
Driver
Services;
(2)
Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5
within five years, as measured from the dates of previous arrests for which
suspensions were obtained to the date of the current arrest for which a
suspension is obtained, the period of suspension shall be for three years. Not
sooner than 120 days following the effective date of suspension, the person may
apply to the department for reinstatement of the person´s operator´s
privilege. Such privilege shall be reinstated if such person submits proof of
completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of
Human
Resources
Driver
Services. An operator´s privilege
suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such
person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction
Program approved by the Department of
Human
Resources
Driver
Services; and
(3)
Upon the third or subsequent suspension pursuant to subsection (d) of Code
Section 52-7-12.5 within five years, as measured from the dates of previous
arrests for which suspensions were obtained to the date of the current arrest
for which a suspension is obtained, the period of suspension shall be for not
less than five years and until such person submits proof of completion of a DUI
Alcohol or Drug Use Risk Reduction Program approved by the Department of
Human
Resources
Driver
Services."
PART
XXXII
Effective
dates and repealer.
SECTION
32-1.
This
Act shall become effective July 1, 2005, except that the provisions of paragraph
(2) of subsection (b) of Code Section 40-16-3 shall become effective upon the
approval of this Act by the Governor or upon its becoming law without such
approval.
SECTION
32-2.
All
laws and parts of laws in conflict with this Act are repealed.