06 LC 34
0657S/AP
House
Bill 1252 (AS PASSED HOUSE AND SENATE)
By:
Representatives Rice of the
51st,
Murphy of the
23rd,
Talton of the
145th,
and Dollar of the
45th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating
to driver training schools, so as to provide for relevant definitions; to
clarify the qualifications for a limited and temporary driver school permit; to
provide qualifications for commercial driver training school operators; to
provide standards for business names of driver training schools; to provide for
fees; 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.
Chapter
13 of Title 43 of the Official Code of Georgia Annotated, relating to driver
training schools, is amended by striking Code Section 43-13-2, relating to
definitions relative to driver training schools, in its entirety and inserting
in its place the following:
"43-13-2.
(a)
As used in this chapter, the term:
(1)
'Commercial driver training
school,'
except as
provided in subsection (b) of this Code
section, 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.
(2)
'Department' means the Department of Driver Services acting directly or through
its duly authorized officers and agents.
(3)
'Driver
training course' means a course including but not limited to classroom
instruction; behind-the-wheel instruction; instruction by means of simulation
training; and defensive driving, distance learning, or virtual driver training
courses approved by the Department of Driver Services for the purpose of
assisting persons to meet the requirements for licensed driving of Class C or
Class M motor vehicles in this state.
(4)
'Driver training
schools
school,'
except as
provided in subsection (b) of this Code
section, 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 Driver Services pursuant to
Chapter 15 of Title 40.
The term shall
also include any public school system offering a driver training course during
the regular school day as part of a student curriculum at no cost to the
student.
(4)(5)
'Driveŕs
license examiners' means examiners appointed by the Department of Driver
Services for the purpose of giving
driveŕs
license examinations.
(5)(6)
'Motor vehicle' means every vehicle which is self-propelled upon, or by which
any person or property is or may be transported or drawn upon, a public highway
except devices used exclusively upon stationary rails or tracks.
(6)(7)
'Person' means every natural person, firm, partnership, limited liability
company, association, corporation, or school.
(b)
The terms 'commercial driver training school' as defined in paragraph (2) of
subsection (a) of this Code section and 'driver training school' as defined in
paragraph (4) of subsection (a) of this Code section shall not
include:
(1)
Hospitals and state licensed rehabilitation centers offering a driver training
course for the purpose of rehabilitating persons to maintain or obtain a Class C
license; provided, however, that such facilities shall be required to file a
memorandum of understanding with the commissioner of the Department of Driver
Services in the prescribed format of the department;
(2)
Any person, partnership, limited liability company, or corporation offering a
for-hire defensive driving safety course for the purpose of providing training
to assist persons to obtain a Class C or Class M license through means of
behind-the-wheel training, simulator training, or offering a defensive driving
safety course consisting of less than 30 hours of classroom and six hours of
behind-the-wheel training. These entities shall be required to obtain a limited
license as a driver training school, register and identify all of its vehicles,
and shall become subject to the same insurance requirements for a driver
training school as outlined in Code Section 43-13-4. Limited driver training
schools offering classroom or simulator training only will not be required to
comply with the liability insurance requirements outlined in Code Section
43-13-4. The commissioner of the Department of Driver Services shall promulgate
and adopt rules and regulations for the qualifications and establish the
application fees for the driver training school limited license. The
commissioner shall issue the driver training school limited license 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. The driver training school limited license shall be valid
for a period of four years; or
(3)
Any person, partnership, limited liability company, or corporation which offers
occasional driver training instruction. These entities may obtain a temporary
driver training permit for a period of seven consecutive days beginning and
ending on the dates specified on the face of the permit. Temporary driver
training permits shall be obtained by schools, individuals, or other entities
which offer occasional driver training instruction that do not maintain a
permanent classroom located within the state. The fee for each temporary driver
training permit shall be $100.00 per week and $25.00 for each vehicle. No
temporary driver training permit shall be issued without the commissioner having
first received satisfactory proof that the applicant meets the insurance
requirements as defined in Code Section 43-13-4 and the vehicle and safety
requirements as set forth in the rules and regulations of the commissioner. A
temporary driver training permit shall be displayed in a conspicuous location at
any time instruction is being given and a copy of such permit shall be located
in each vehicle that is registered for the purpose of providing
instruction."
SECTION
2.
Said
chapter is further amended by striking Code Section 43-13-3, relating to license
requirements for driver training school operators, in its entirety and inserting
in its place the following:
"43-13-3.
No
person shall operate a driver training school, operate a commercial driver
training school, or engage in the business of giving instruction for hire
to ten or more
persons per calendar year in the driving
of motor vehicles or in the preparation of an applicant for examination given by
driveŕs
license examiners for a
driveŕs
license or permit unless a
license, a
limited license, or a temporary driver training
permit therefor has been secured from the
department. Separate licenses shall be required for the operation of a driver
training school and a commercial driver training
school."
SECTION
3.
Said
chapter is further amended by striking Code Section 43-13-4, relating to
qualifications of driver training school operators, in its entirety and
inserting in its place the following:
"43-13-4.
Every
person who desires to operate a driver training school or a commercial driver
training school shall meet the following requirements:
(1)
Be of good moral character;
(2)
Maintain an established place of business in the State of Georgia which is open
to the public;
(3)
Maintain bodily injury and property damage liability insurance on motor vehicles
while used in driver training instruction, insuring the liability of the driver
training school, the driving instructors, and any person taking instruction, in
at least the following amounts: $100,000.00 for bodily injury to or death of one
person in any one accident and, subject to such limit for one person,
$200,000.00
$300,000.00
for bodily injury to or death of two or more persons in any one accident and the
amount of
$20,000.00
$50,000.00
for damage to property of others in any one accident. Evidence of such
insurance coverage, in the form of a certificate from the insurance carrier,
shall be filed with the department; and such certificate shall stipulate that
the insurance shall not be canceled except upon ten
dayś
prior written notice to the department. Such insurance shall be written by a
company authorized to do business in this state;
(4)
Provide a continuous surety company bond in the principal sum of $2,500.00 for
the protection of the contractual rights of students in such form as will meet
with the approval of the department and written by a company authorized to do
business in this state; provided, however, that the aggregate liability of the
surety for all breaches of the condition of the bond in no event shall exceed
the principal sum of $2,500.00 per location, and a single bond at such rate for
all schools operated by the same person may be provided in satisfaction of this
paragraph. The surety on any such bond may cancel such bond on giving 30
dayś
notice thereof in writing to the department and shall be relieved of liability
for any breach of any condition of the bond which occurs after the effective
date of
cancellation.
If at any time said bond is not valid and in force, the license of the school or
program shall be deemed suspended by operation of law until a valid surety
company bond is again in
force;
(5)
Have the equipment necessary to the giving of proper instruction in the
operation of motor vehicles as prescribed by the department; and
(6)
Pay to the department an application fee
of
$25.00
for the
approval of driver training schools and instructors, commercial driver training
schools and instructors, and limited license driver training schools and
instructors. The amount of this fee shall be established by the commissioner of
driver services and shall, as best as the commissioner shall determine,
approximate the expense incurred by the department in consideration of the
license applications. 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."
SECTION
4.
Said
chapter is further amended by striking Code Section 43-13-4.1, relating to
business names of driver training schools, in its entirety and inserting in its
place the following:
"43-13-4.1.
(a)
No driver training school
or commercial
driver training school shall be permitted
to use, adopt, or conduct any business under any name that is like or
deceptively similar to any name of a Georgia corporation registered with the
Secretary of State.
(b)
This Code section shall not prohibit the franchising or licensing of any part or
all of the name of a driver training school
or commercial
driver training school by the owner of the
rights therein to another licensed
commercial
driver training
school."
SECTION
5.
Said
chapter is further amended by striking paragraphs (2) and (5) of Code Section
43-13-5, relating to qualifications of driver training school instructors, in
their entirety and inserting in their respective places the
following:
"(2)
Present to the department evidence of credit in driver education and safety from
an accredited college or university equivalent to credits in those subjects
which are required of instructors in the public schools of this state or give
satisfactory performance on a written, oral, performance, or combination
examination administered by the department testing both knowledge of the field
of driver education and skills necessary to instruct and impart driving skills
and safety to students. The examination shall be administered quarterly or upon
the written application of four or more prospective licensees. The examination
fee shall
not exceed
$25.00
be established
by the commissioner of driver
services;"
"(5)
Pay to the department an application fee
of
$5.00
to be
established by the commissioner of driver
services."
SECTION
6.
This
Act shall become effective on July 1, 2006.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.