HB 1198 - Driver's license; limited driving permits; certain offenses

First Reader Summary

A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change certain provisions relating to motor vehicle instruction permits, graduated licensing, and related restrictions; to provide for limited driving permits for certain persons at least 18 years of age whose drivers' licenses have been revoked under subsection (a) of Code Section 40-5-57.1 for certain speed limit offenses; and for other purposes.

Wiles, John J (34th) Brown, Jeff (130th) Mann, Harold M (5th)
Joyce, Brian D (1st) Westmoreland, Lynn A (104th) Mills, James W (21st)
Status Summary HC: MotV SC: LA: 01/15/98 H - Read 2nd Time
Page Numbers - 1/ 2/ 3/ 4
House Action Senate
1/14/98 Read 1st Time
1/15/98 Read 2nd Time

HB 1198                                            LC 25 0818 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 5 of Title 40 of the Official Code of 
  1- 2  Georgia Annotated, relating to drivers' licenses, so as to 
  1- 3  change certain provisions relating to motor vehicle 
  1- 4  instruction permits, graduated licensing, and related 
  1- 5  restrictions; to provide for limited driving permits for 
  1- 6  certain persons at least 18 years of age whose drivers' 
  1- 7  licenses have been revoked under subsection (a) of Code 
  1- 8  Section 40-5-57.1 for certain speed limit offenses; to 
  1- 9  provide for the duration of such permits; to provide an 
  1-10  effective date; to repeal conflicting laws; and for other 
  1-11  purposes. 
 
  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-13                           SECTION 1. 
 
  1-14  Chapter 5 of Title 40 of the Official Code of Georgia 
  1-15  Annotated, relating to drivers' licenses, is amended by 
  1-16  striking paragraph (1) of subsection (b) of Code Section 
  1-17  40-5-24, relating to motor vehicle instruction permits, 
  1-18  graduated licensing, and related restrictions, and inserting 
  1-19  in lieu thereof the following: 
 
  1-20      "(b)(1) Any resident of this state who is at least 16 
  1-21      years of age and who, for a period of at least 12 
  1-22      months, had a valid instruction permit issued under 
  1-23      subsection (a) of this Code section may apply to the 
  1-24      department for a Class D driver's license to operate a 
  1-25      noncommercial Class C vehicle if such resident has 
  1-26      otherwise complied with all prerequisites for the 
  1-27      issuance of such Class D driver's license as provided in 
  1-28      subsection (a) of this Code section; provided that a 
  1-29      resident at least 16 years of age who has at any age 
  1-30      surrendered to the department a valid instruction permit 
  1-31      or driver's license issued by another state or the 
  1-32      District of Columbia may apply his or her driving record 
  1-33      under such previously issued permit or license toward 
  1-34      meeting the eligibility requirements for a Class D 
  1-35      driver's license the same as if such previously issued 
 
 
                                 -1- 
 
 
 
  2- 1      permit or license was an instruction permit issued under 
  2- 2      subsection (a) of this Code section. The department 
  2- 3      shall, after the applicant has successfully passed a 
  2- 4      behind the wheel road test, issue to the applicant a 
  2- 5      Class D driver's license which shall entitle the 
  2- 6      applicant, while having such license in his or her 
  2- 7      immediate possession, to drive a Class C vehicle upon 
  2- 8      the public highways of this state under the following 
  2- 9      conditions: 
 
  2-10        (A) The Class D license holder shall not drive a Class 
  2-11        C motor vehicle on the public roads, streets, or 
  2-12        highways of this state between the hours of 1:00 A.M. 
  2-13        and 5:00 A.M. eastern standard time or eastern 
  2-14        daylight time, whichever is applicable, unless: 
 
  2-15          (i) Going to or from a place of business where he or 
  2-16          she is actually employed on a regularly scheduled 
  2-17          basis; 
 
  2-18          (ii) Going to or from an event or activity sponsored 
  2-19          or sanctioned by a secondary or postsecondary school 
  2-20          in which he or she is enrolled as a student; 
 
  2-21          (iii) Going to or from an event or activity 
  2-22          sponsored or sanctioned by a religious organization; 
  2-23          or 
 
  2-24          (iv) For the purpose of a medical, fire, or law 
  2-25          enforcement related emergency; and 
 
  2-26        (B) The Class D license holder shall not drive a Class 
  2-27        C motor vehicle upon the public roads, streets, or 
  2-28        highways of this state when more than three other 
  2-29        passengers in the vehicle who are not members of the 
  2-30        driver's immediate family are less than 21 years of 
  2-31        age; provided, however, that a Class D license holder 
  2-32        shall not be charged with a violation of this 
  2-33        subparagraph alone but may be charged with violating 
  2-34        this subparagraph in addition to any other traffic 
  2-35        offense." 
 
  2-36                           SECTION 2. 
 
  2-37  Said chapter is further amended by striking subsections (a) 
  2-38  and (e) of Code Section 40-5-64, relating to limited driving 
  2-39  permits for certain offenders, and inserting in their 
  2-40  respective places the following: 
 
 
 
 
                                 -2- 
 
 
 
  3- 1    "(a) To whom issued. Notwithstanding any contrary 
  3- 2    provisions of Code Section 40-5-57 or 40-5-63 or any other 
  3- 3    Code sections of this chapter, any person may apply for a 
  3- 4    limited driving permit when and only when that person's 
  3- 5    driver's license has been suspended in accordance with 
  3- 6    paragraph (2) of subsection (a.1) of Code Section 40-5-22, 
  3- 7    subsection (d) of Code Section 40-5-57, paragraph (1) of 
  3- 8    subsection (a) of Code Section 40-5-63, or paragraph (1) 
  3- 9    of subsection (a) of Code Section 40-5-67.2; the person's 
  3-10    driver's license has been revoked for the first time, such 
  3-11    revocation was under subsection (a) of Code Section 
  3-12    40-5-57.1 for a speed limit offense for which four or more 
  3-13    points are assessable under subsection (c) of Code Section 
  3-14    40-5-57, and such person was at least 18 years of age at 
  3-15    the time of the offense; or as otherwise provided by Code 
  3-16    Section 40-5-63.1." 
 
  3-17    "(e) Duration of permit. A permit issued pursuant to this 
  3-18    Code section shall be $25.00 and shall be nonrenewable and 
  3-19    shall become invalid upon the expiration of 30 days after 
  3-20    the date on which the permittee is eligible to be issued a 
  3-21    new driver's license in accordance with subsection (b) of 
  3-22    Code Section 40-5-57.1 in the case of a person whose 
  3-23    driver's license has been revoked under subsection (a) of 
  3-24    that Code section for a speed limit offense for which four 
  3-25    or more points are assessable under subsection (c) of Code 
  3-26    Section 40-5-57, upon the driver's eighteenth birthday in 
  3-27    the case of a suspension under paragraph (2) of subsection 
  3-28    (a.1) of Code Section 40-5-22, upon the expiration of one 
  3-29    year following the effective date of suspension of the 
  3-30    applicant's driver's license in the case of a suspension 
  3-31    for an offense listed in Code Section 40-5-54 or a 
  3-32    suspension under Code Section 40-5-57, upon the expiration 
  3-33    of 120 days following conviction in the case of a 
  3-34    suspension for a violation of Code Section 40-6-391, or 
  3-35    upon the expiration of 30 days in the case of an 
  3-36    administrative license suspension in accordance with 
  3-37    paragraph (1) of subsection (a) of Code Section 40-5-67.2, 
  3-38    except that such limited driving permit shall expire upon 
  3-39    the earlier reinstatement of the driver's license. A 
  3-40    person convicted of such offense whose driver's license 
  3-41    had been surrendered to the court in which such conviction 
  3-42    was adjudged may apply to the department for a limited 
  3-43    driving permit immediately following such conviction. Upon 
  3-44    the applicant's execution of an affidavit attesting to 
  3-45    such facts and to the fact that the court had not imposed 
 
 
 
                                 -3- 
 
 
 
  4- 1    a suspension or revocation of his or her driver's license 
  4- 2    or driving privileges inconsistent with the driving 
  4- 3    privileges to be conferred by the limited driving permit 
  4- 4    applied for, the department may issue such person a 
  4- 5    limited driving permit. A person convicted of such offense 
  4- 6    whose driver's license had not been surrendered to such 
  4- 7    court immediately following such conviction may apply to 
  4- 8    the department for a permit. Upon the applicant's 
  4- 9    surrender to the department of his or her driver's license 
  4-10    and the execution of a similar affidavit, or if the 
  4-11    driver's license has been lost, upon execution of an 
  4-12    additional affidavit to that effect, the department may 
  4-13    issue such person a limited driving permit." 
 
  4-14                           SECTION 3. 
 
  4-15  This Act shall become effective upon its approval by the 
  4-16  Governor or upon its becoming law without such approval. 
 
  4-17                           SECTION 4. 
 
  4-18  All laws and parts of laws in conflict with this Act are 
  4-19  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -4- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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