Legislation	Clerk's Office	Members	Committees	Meetings	Home	Senate

HB 90 - Driver's license; certain revocation; limited driving permit

Powell, Alan T (23rd)	Parham, Bobby E (122nd)	Tolbert, Scott (25th)
Harbin, Ben (113th)

Status Summary	HC:	MotV	SC:		FR:	01/14/99	LA:	01/15/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving permits for certain offenders, so as to provide for limited driving permits for persons at least 18 years of age whose drivers' licenses have been revoked under subsection (a) of Code Section 40-5-57.1 for certain speed limit offenses; and for other purposes.

HB 90                                              LC 25 1100 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 40-5-64 of the Official Code of 
  1- 2  Georgia Annotated, relating to limited driving permits for 
  1- 3  certain offenders, so as to provide for limited driving 
  1- 4  permits for persons at least 18 years of age whose drivers' 
  1- 5  licenses have been revoked under subsection (a) of Code 
  1- 6  Section 40-5-57.1 for certain speed limit offenses; to 
  1- 7  provide for the duration of such permits; to provide an 
  1- 8  effective date; to repeal conflicting laws; and for other 
  1- 9  purposes. 
 
  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-11                           SECTION 1. 
 
  1-12  Code Section 40-5-64 of the Official Code of Georgia 
  1-13  Annotated, relating to limited driving permits for certain 
  1-14  offenders, is amended by striking subsections (a) and (e) 
  1-15  and inserting in their respective places the following: 
 
  1-16    "(a) To whom issued. Notwithstanding any contrary 
  1-17    provisions of Code Section 40-5-57 or 40-5-63 or any other 
  1-18    Code sections of this chapter, any person may apply for a 
  1-19    limited driving permit when and only when that person's 
  1-20    driver's license has been suspended in accordance with 
  1-21    paragraph (2) of subsection (a.1) of Code Section 40-5-22, 
  1-22    subsection (d) of Code Section 40-5-57, paragraph (1) of 
  1-23    subsection (a) of Code Section 40-5-63, or paragraph (1) 
  1-24    of subsection (a) of Code Section 40-5-67.2, when the 
  1-25    person's driver's license has been revoked under 
  1-26    subsection (a) of Code Section 40-5-57.1 for a speed limit 
  1-27    offense for which only four points are assessable under 
  1-28    subsection (c) of Code Section 40-5-57 and such person was 
  1-29    at least 18 years of age at the time of the offense, or as 
  1-30    otherwise provided by Code Section 40-5-63.1." 
 
  1-31    "(e) Duration of permit. A permit issued pursuant to this 
  1-32    Code section shall be $25.00 and shall be nonrenewable and 
  1-33    shall become invalid upon the expiration of 30 days after 
  1-34    the date on which the permittee is eligible to be issued a 
 
 
 
                                 -1- 
 
 
 
  2- 1    new driver's license in accordance with subsection (b) of 
  2- 2    Code Section 40-5-57.1 in the case of a person whose 
  2- 3    driver's license has been revoked under subsection (a) of 
  2- 4    that Code section for a speed limit offense for which only 
  2- 5    four points are assessable under subsection (c) of Code 
  2- 6    Section 40-5-57, upon the driver's eighteenth birthday in 
  2- 7    the case of a suspension under paragraph (2) of subsection 
  2- 8    (a.1) of Code Section 40-5-22, upon the expiration of one 
  2- 9    year following the effective date of suspension of the 
  2-10    applicant's driver's license in the case of a suspension 
  2-11    for an offense listed in Code Section 40-5-54 or a 
  2-12    suspension under Code Section 40-5-57, upon the expiration 
  2-13    of 120 days following conviction in the case of a 
  2-14    suspension for a violation of Code Section 40-6-391, or 
  2-15    upon the expiration of 30 days in the case of an 
  2-16    administrative license suspension in accordance with 
  2-17    paragraph (1) of subsection (a) of Code Section 40-5-67.2, 
  2-18    except that such limited driving permit shall expire upon 
  2-19    the earlier reinstatement of the driver's license. A 
  2-20    person convicted of such offense whose driver's license 
  2-21    had been surrendered to the court in which such conviction 
  2-22    was adjudged may apply to the department for a limited 
  2-23    driving permit immediately following such conviction. Upon 
  2-24    the applicant's execution of an affidavit attesting to 
  2-25    such facts and to the fact that the court had not imposed 
  2-26    a suspension or revocation of his or her driver's license 
  2-27    or driving privileges inconsistent with the driving 
  2-28    privileges to be conferred by the limited driving permit 
  2-29    applied for, the department may issue such person a 
  2-30    limited driving permit. A person convicted of such offense 
  2-31    whose driver's license had not been surrendered to such 
  2-32    court immediately following such conviction may apply to 
  2-33    the department for a permit. Upon the applicant's 
  2-34    surrender to the department of his or her driver's license 
  2-35    and the execution of a similar affidavit, or if the 
  2-36    driver's license has been lost, upon execution of an 
  2-37    additional affidavit to that effect, the department may 
  2-38    issue such person a limited driving permit." 
 
  2-39                           SECTION 2. 
 
  2-40  This Act shall become effective upon its approval by the 
  2-41  Governor or upon its becoming law without such approval. 
 
  2-42                           SECTION 3. 
 
  2-43  All laws and parts of laws in conflict with this Act are 
  2-44  repealed. 
 
 
                                 -2-