09 HB258/SCSFA/2
SENATE
SUBSTITUTE TO HB 258
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating
to the qualifications for a driver's license, so as to allow any person 15 years
of age or older who has a parent or guardian who is medically incapable of being
licensed to operate a motor vehicle to drive with the disabled person in the
vehicle; to amend Code Section 40-5-24 of the Official Code of Georgia
Annotated, relating to the issuance of instruction permits, so as to allow a
holder of a valid instruction permit to drive with a disabled guardian or parent
who has been issued an identification card containing the international
handicapped symbol; to amend Code Section 40-8-76.1 of the Official Code of
Georgia Annotated, relating to the use of safety belts in passenger vehicles, so
as to eliminate certain exceptions to the required use of safety belts; to
provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 40-5-22 of the Official Code of Georgia Annotated, relating to the
qualifications for a driver's license, is amended by revising subsection (b) as
follows:
"(b)(1)
Notwithstanding the provisions of subsection (a) of this Code section, any
person 14 years of age who has a parent or guardian who is medically incapable
of being licensed to operate a motor vehicle due to visual impairment may apply
for and, subject to the approval of the commissioner, may be issued a restricted
noncommercial Class P instruction permit for the operation of a noncommercial
Class C vehicle. Any person permitted pursuant to this subsection shall be
accompanied by such visually impaired parent or guardian whenever operating a
motor vehicle.
(2)
Notwithstanding the provisions of subsection (a) of this Code section, any
person 15 years of age or older who has a parent or guardian who is medically
incapable of being licensed to operate a motor vehicle due to physical
impairment and has been issued an identification card containing the
international handicapped symbol pursuant to Article 8 of this chapter may apply
for and, subject to the approval of the commissioner, may be issued a restricted
noncommercial Class P instruction permit for the operation of a noncommercial
Class C vehicle. Any person permitted pursuant to this paragraph shall be
accompanied whenever operating a motor vehicle by such physically impaired
parent or guardian or by a person at least 21 years of age who is licensed as a
driver for a commercial or noncommercial Class C vehicle, who is fit and capable
of exercising control over the vehicle, and who is occupying a seat beside the
driver. The department shall require satisfactory proof that the physically
impaired parent or guardian previously held a valid driver's license in the
State of Georgia, another state, or the District of Columbia before issuing an
instructional permit pursuant to this
paragraph."
SECTION
2.
Code
Section 40-5-24 of the Official Code of Georgia Annotated, relating to the
issuance of instruction permits, is amended by revising paragraph (1) of
subsection (a) as follows:
"(a)(1)(A)
Any resident of this state who is at least 15 years of age may apply to the
department for an instruction permit to operate a noncommercial Class C vehicle.
The department shall, after the applicant has successfully passed all parts of
the examination referred to in Code Section 40-5-27 other than the driving test,
issue to the applicant an instruction permit which shall entitle the applicant,
while having such permit in his or her immediate possession, to drive a Class C
vehicle upon the public highways for a period of two years when accompanied by a
person at least 21 years of age who is licensed as a driver for a commercial or
noncommercial Class C vehicle, who is fit and capable of exercising control over
the vehicle, and who is occupying a seat beside the driver.
(B)
Notwithstanding the provisions of subparagraph (A) of this paragraph, any person
holding a valid Class C instructional permit may drive a Class C motor vehicle
when accompanied by a disabled parent or guardian who has been issued an
identification card containing the international handicapped symbol pursuant to
Article 8 of this
chapter."
SECTION
2.1.
Code
Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use
of safety belts in passenger vehicles, is amended by revising subsection (a) as
follows:
"(a)
As used in this Code section, the term 'passenger vehicle' means every motor
vehicle,
including, but not limited to, pickup trucks, vans, and sport utility
vehicles, designed to carry ten passengers
or
less
fewer
and used for the transportation of
persons;
provided, however, that such term shall not include motorcycles; motor driven
cycles; or off-road vehicles or farm vehicles as defined in Code Section
40-2-150 being used by an owner, driver, or occupant 18 years of age or
older
but shall
not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped
for off-road use, provided that the term 'passenger vehicle' includes any sport
utility vehicle and also includes pickup trucks for any occupant who is under 18
years of age."
SECTION
3.
This
Act shall become effective on June 1, 2009.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.