06 LC 34
0555
House
Bill 1253
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 5 of Title 40 of the Official Code of Georgia Annotated, relating
to
driverś
licenses, so as to provide for reinstatement of a
minoŕs
license upon proof of graduation from high school; to provide that social
security numbers shall not be used on
driveŕs
licenses; to provide for a suspension for violation of restrictions on a
driveŕs
license; to add a license suspension for failure to appear in a federal court in
this state; to clarify the habitual violator permit eligibility provisions; to
provide for confidentiality of medical reports used for medical revocation of a
driveŕs
license; to provide that each violation of a provision that leads to a license
suspension is treated as a separate transaction; to change the times relating to
restoring full driving privileges from a limited driving permit; to clarify that
trafficking is grounds for a
driveŕs
license suspension; to provide a penalty for driving a vehicle in violation of
an out of service order; to allow for issuance of nonresident commercial
driveŕs
licenses; to clarify the requirements for commercial
driveŕs
licenses with a hazardous materials endorsement; to amend Chapter 6 of Title 40
of the Official Code of Georgia Annotated, relating to the uniform rules of the
road, so as to clarify the penalty for racing on a highway; to provide that a
speeding conviction must specify the amount by which the speed limit was
exceeded; to provide for related matters; to repeal conflicting laws; to provide
for an effective date; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 40 of the Official Code of Georgia Annotated, relating to
driverś
licenses, is amended by striking the undesignated text following division
(a.1)(2)(C)(v) of Code Section 40-5-22, relating to minimum age for licensees,
school attendance requirements, and driving training requirements, in its
entirety and inserting in its place the following:
∀Notice
given by certified mail or statutory overnight delivery with return receipt
requested mailed to the
persońs
last known address shall be prima-facie evidence that such person received the
required notice. Such notice shall include instructions to the minor to return
immediately the instruction permit or
driveŕs
license to the department and information summarizing the
minoŕs
right to request an exemption from the provisions of this subsection. The minor
so notified may request in writing a hearing within ten business days from the
date of receipt of notice. Within 30 days after receiving a written request for
a hearing, the department shall hold a hearing as provided for in Chapter 13 of
Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the
department shall sustain its order of suspension or rescind such order. The
department shall be authorized to grant an exemption from the provisions of this
subsection to a minor, upon such
minoŕs
petition, if there is clear and convincing evidence that the enforcement of the
provisions of this subsection upon such minor would create an undue hardship
upon the minor or the
minoŕs
family or if there is clear and convincing evidence that the enforcement of the
provisions of this subsection would act as a detriment to the health or welfare
of the minor. Appeal from such hearing shall be in accordance with said
chapter. If no hearing is requested within the ten business days specified
above, the right to a hearing shall have been waived and the instruction permit
or
driveŕs
license of the minor shall remain suspended. The suspension provided for in
this paragraph shall be for a period of one year or shall end upon the date of
such
minoŕs
eighteenth birthday or upon receipt of satisfactory proof that the minor is
pursuing or has received a general educational development (GED) diploma,
a high school
diploma, a special diploma, a certificate of high school completion, or has
terminated his or her secondary education and is enrolled in a postsecondary
school, whichever comes
first.∀
SECTION
2.
Said
chapter is further amended by striking Code Section 40-5-28.1, relating to use
of social security numbers on
driverś
licenses, in its entirety and inserting in its place the following:
∀40-5-28.1.
No
license or permit issued or renewed on or after July 1,
1997
2006,
pursuant to this article shall contain the social security number of the
licensee or permit holder
unless such
person specifically requests the use of such
number.∀
SECTION
3.
Said
chapter is further amended by striking subsection (c) of Code Section 40-5-30,
relating to restricted
driveŕs
licenses, in its entirety and inserting in its place the following:
∀(c)
The department, upon receiving satisfactory evidence of any violation of the
restrictions of such license, may
revoke
suspend
the
license,
but the licensee shall be entitled to a hearing as upon a revocation under
subsection (c) of Code Section 40-5-59
for a period
of six months. No person shall operate a
motor vehicle in any manner in violation of the restrictions imposed in a
restricted license issued to him
or
her.∀
SECTION
4.
Said
chapter is further amended by striking Code Section 40-5-56, relating to
driveŕs
license suspensions for failure to respond to a citation and appear before a
court of competent jurisdiction, in its entirety and inserting in its place the
following:
∀40-5-56.
(a)
Notwithstanding any other provisions of this chapter or any other law to the
contrary, the department shall suspend the
driveŕs
license or privilege to operate a motor vehicle in this state of any person who
has failed to respond to a citation to appear before a court of competent
jurisdiction
of
in
this state or
of
in
any other state for a traffic violation other than a parking violation.
The
department shall forthwith notify such person that his license is to be
suspended subject to review as provided for in this chapter.
(b)
The person
so notified may request a hearing within ten days from the date of receipt of
notice sent by registered mail or statutory overnight delivery. Within 30 days
after receiving a written request for a hearing, the department shall hold a
hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.' After such hearing, the department shall sustain its order of
suspension or rescind such order. If no hearing is requested within the ten days
specified above, the right to a hearing shall have been waived and the license
of the driver shall be suspended.
(c)
The suspension provided for in this Code section shall be for an indefinite
period until such person shall respond and pay any fines and penalties imposed.
Such
persońs
license shall be reinstated if the person submits proof of payment of the fine
from the court of jurisdiction and pays a restoration fee of $35.00 or $25.00
when such reinstatement is processed by mail to the department. Such suspension
shall be in addition to any other suspension or revocation provided for in this
chapter.∀
SECTION
5.
Said
chapter is further amended by striking subparagraph (e)(1)(A) of Code Section
40-5-58, relating to habitual violators and probationary licenses, in its
entirety and inserting in its place the following:
∀(A)
Such person has not been convicted, or pleaded nolo contendere to a charge, of
violating any provision of this
chapter,
Chapter 6 of this title, or any local
ordinance relating to the movement of vehicles for a period of two years
immediately preceding the application for a probationary
driveŕs
license;∀.
SECTION
6.
Said
chapter is further amended by enacting a new subsection (d) in Code Section
40-5-59, relating to reexamination of drivers believed to be incompetent or
unqualified, to read as follows:
∀(d)
The reports required by this Code section shall be confidential and shall be
used solely for the purpose of determining the qualifications of any person to
drive a motor vehicle on the highways of this state. No civil or criminal
action may be brought against any person or agency for providing the information
to the department for the purposes of this Code section. The reports, or any
reference to the reports, shall not be included in any abstract prepared
pursuant to Code Section
40-5-2.∀
SECTION
7.
Said
chapter is further amended by striking the introductory language of subsection
(a) and subsection (d) of Code Section 40-5-63, relating to driver’s
license suspensions for certain offenses, in their entirety and inserting in
their place, respectively, the following:
∀(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:;
and further provided that each charge for which a conviction was obtained shall
be treated as a separate transaction for the purpose of imposing a license
suspension hereunder, even if said convictions arise from a single
incident:∀
∀(d)(1)
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
driveŕs
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.
(2)
For purposes of this
subsection
chapter,
an accepted plea of nolo contendere to
homicide by
vehicle in the first degree or serious injury by
vehicle
any violation
of Code Section 40-6-393 or 40-6-394 shall
constitute a
conviction.∀
SECTION
8.
Said
chapter is further amended by striking subsection (e) of Code Section 40-5-64,
relating to limited driving permits for certain offenders, in its entirety and
inserting in its place the following:
∀(e)
Duration of
permit. A permit issued pursuant to this
Code section shall be $25.00 and shall be nonrenewable and shall become invalid
upon the
driveŕs
eighteenth birthday in the case of a suspension under paragraph (2) of
subsection (a.1) of Code Section 40-5-22, upon the expiration of one year
following
the
effective date of suspension of the
applicant́s
driveŕs
license
issuance
thereof in the case of a suspension for an
offense listed in Code Section 40-5-54 or a suspension under Code Section
40-5-57,
upon the
expiration of 120 days following conviction in the case
of
or
a suspension in accordance with paragraph (1) of subsection (a) of Code Section
40-5-63 for a violation of Code Section 40-6-391, upon the expiration of 30 days
in the case of an administrative license suspension in accordance with paragraph
(1) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six
months following proof of installation of an ignition interlock device in the
case of a limited driving permit issued to a person subject to a court order for
installation and use of such a device pursuant to Article 7 of Chapter 8 of
Title 42; except that such limited driving permit shall expire upon any earlier
reinstatement of the
driveŕs
license. A person may apply to the department for a limited driving permit
immediately following such conviction if he or she has surrendered his or her
driveŕs
license to the court in which the conviction was adjudged or to the department
if the department has processed the citation or conviction. Upon the
applicant́s
execution of an affidavit attesting to such facts and to the fact that the court
had not imposed a suspension or revocation of his or her
driveŕs
license or driving privileges inconsistent with the driving privileges to be
conferred by the limited driving permit applied for, the department may issue
such person a limited driving
permit.∀
SECTION
9.
Said
chapter is further amended by striking the introductory language of subsection
(a) of Code Section 40-5-75, relating to suspension of
driveŕs
licenses by operation of law, in its entirety and inserting in its place the
following:
∀(a)
The
driveŕs
license of any person convicted of
any violation
of the Georgia Controlled Substances Act, including, but not limited
to, possession, distribution, manufacture,
cultivation, sale, transfer of,
trafficking
in, the attempt or conspiracy to possess,
distribute, manufacture, cultivate, sell,
or
transfer or
traffic in a controlled substance or
marijuana,
or driving
or being in actual physical control of any moving vehicle while under the
influence of such a substance in violation of subsection (b) of Code Section
16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section
16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section
40-6-391; or the law of any other
jurisdiction shall by operation of law be suspended and such suspension shall be
subject to the following terms and
conditions:
; provided
that each charge for which a conviction was obtained shall be treated as a
separate transaction for the purpose of imposing a license suspension hereunder,
even if said convictions arise from a single
incident:∀.
SECTION
10.
Said
chapter is further amended by striking subsection (b) of Code Section 40-5-121,
relating to driving while license is suspended or revoked, in its entirety and
inserting in its place the following:
∀(b)(1)
The charge of driving with a suspended or disqualified license shall not be made
where the suspension is a result of a failure to respond under Code Section
40-5-56 or an insurance cancellation unless the arresting officer has verified a
service date and such date is placed on the uniform citation. If the suspension
or disqualification is verified and the driver possesses a
driveŕs
license, the license shall be confiscated and mailed to the department. If the
suspension or disqualification is not verified, the arresting officer shall
serve the driver and attach the
driveŕs
license, if available, to the copy of service and send it to the
department.
(2)
The department, upon receiving a record of the conviction of any person under
this Code section upon a charge of driving a vehicle while the license of such
person was suspended, disqualified, or revoked,
including
suspensions under subsection (f) of Code Section
40-5-75, shall extend the period of
suspension or disqualification for six months. The court shall be required to
confiscate the license, if applicable, and attach it to the uniform citation and
forward it to the department within ten days of conviction. The period of
suspension or disqualification provided for in this Code section shall begin on
the date the person is convicted of violating this Code
section.∀
SECTION
11.
Said
chapter is further amended by striking subparagraph (C) of paragraph (7) and the
undesignated text following said subparagraph (C) and paragraphs (9) and (22) of
Code Section 40-5-142, relating to definitions relevant to commercial
driveŕs
licenses, in their entirety and inserting in their respective places the
following:
∀(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
commercial
vehicle operated by military personnel for military
purposes, 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
persońs
farm; which vehicle is not used in the operations of a 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 Driver
Services to exempt said
classes.∀
∀(9)
'Conviction' means
a
an unvacated
adjudication of guilt, or a determination that a person has violated or failed
to comply with the law in a court of original jurisdiction or by an authorized
administrative tribunal, an unvacated
forfeiture of bail or collateral deposited to secure the
persońs
appearance in court, a plea of guilty or nolo contendere accepted by the court,
a finding
of guilt, or the payment of a fine or
court cost, or
violation of a condition of release without
bail, regardless of whether the penalty is
rebated, suspended, or
probated.∀
∀(22)
'Serious traffic violation' means
conviction of
any of the following offenses when operating a commercial motor vehicle or a
non-commercial motor vehicle:
(A)
Speeding 15 or more miles per hour above the posted speed limit;
(B)
Reckless driving, as defined under state or local law;
(C)
Following another vehicle too closely, as defined under state or local
law;
(D)
Improper or erratic lane change which presents a risk to any other vehicle, but
not including failure to signal a lane change;
(E)
A violation, arising in connection with a fatal crash, of state law or a local
ordinance, relating to motor vehicle traffic control, excluding parking, weight,
length, height, and vehicle defect violations;
(F)
A railroad grade crossing violation as defined under state law or local
ordinance;
(G)
Driving a commercial motor vehicle without obtaining a commercial
driveŕs
license;
(H)
Driving a commercial motor vehicle without a valid commercial
driveŕs
license in the
driveŕs
immediate possession; or
(I)
Driving a commercial motor vehicle without a commercial
driveŕs
license of the proper class and/or endorsements for the specific vehicle being
operated or for the passengers or type of cargo
transported.∀
SECTION
12.
Said
chapter is further amended by striking subsection (b) of Code Section 40-5-146,
relating to operation of a commercial motor vehicle without valid license or
driving privilege, in its entirety and inserting in its place the
following:
∀(b)(1)
No person may drive a commercial motor vehicle while his or her driving
privilege is suspended, revoked, or canceled,
or
while subject to a
disqualification,
.
(2)
No person may drive a commercial motor
vehicle
or
in violation of an out of service
order.∀
SECTION
13.
Said
chapter is further amended by adding a new Code section to read as
follows:
∀40-5-148.2.
If
an individual is a resident of another state while that other state is
prohibited from issuing commercial
driveŕs
licenses pursuant to 49 C.F.R. Section 384.405, that individual is eligible to
obtain a nonresident commercial
driveŕs
license. The individual shall provide the information specified in Code Section
40-5-149. The department shall promulgate rules and regulations as necessary to
implement this Code section within 90 days of being notified that a state will
be prohibited from issuing commercial
driveŕs
licenses.∀
SECTION
14.
Said
chapter is further amended by adding a new subsection (i) to Code Section
40-5-150, relating to contents, classifications, endorsements, and restrictions
on commercial
driveŕs
licenses, to read as follows:
∀(i)
Before issuing, renewing, upgrading, or transferring a commercial
driveŕs
license with a hazardous materials endorsement, the department shall obtain a
Transportation Security Administration determination that the individual does
not pose a security risk warranting denial of the endorsement. The department
shall promulgate rules and regulations as necessary to implement this Code
subsection.∀
SECTION
15.
Said
chapter is further amended by striking subsections (b), (c), and (g) of Code
Section 40-5-151, relating to disqualification from driving a commercial motor
vehicle, in their entirety and inserting in lieu thereof new subsections (b),
(c), and (g) and by adding a new subsection (i) to read as follows:
∀(b)
Any person is disqualified from driving a commercial motor vehicle for a period
of not less than three years if convicted of a first violation of using a
commercial motor vehicle in the commission of a felony or for offenses specified
in
paragraph
(1) of subsection (a) of this Code
section, provided that the vehicle being operated or used in connection with
such violation or commission of such felony is transporting a hazardous material
required to be placarded under Section 105 of the Hazardous Material
Transportation Act.
(c)
Any person is disqualified from driving a commercial motor vehicle for life if
convicted of two or more violations of any of the offenses specified in
subsection (a) of Code Section
40-5-54,
paragraph (1) of subsection (b) of Code Section
40-5-146, or Code Section 40-6-391, the
refusal to submit to state administered chemical testing as prescribed by Code
Section 40-5-55, or any combination of those offenses or refusals, arising from
two or more separate
incidents.∀
∀(g)(1)
Any person is disqualified from driving a commercial motor vehicle based on the
following violations of out-of-service orders:
(A)
First violation — a driver who is convicted of a first violation of an
out-of-service order is disqualified for a period of not less than 90 days and
not more than one year;
(B)
Second violation — a driver who is convicted of two violations of
out-of-service orders in separate incidents is disqualified for a period of not
less than one year and not more than five years; and
(C)
Third or subsequent violation — a driver who is convicted of three or more
violations of out-of-service orders in separate incidents is disqualified for a
period of not less than three years and not more than five years.
(2)
Whenever the operator of a commercial motor vehicle is issued an out-of-service
order, a copy of such order shall be issued to the operator of the commercial
motor vehicle, the operator of the commercial motor
vehiclés
employer, and a copy or notice of such out-of-service order shall be provided to
the department. The form of such out-of-service order, the procedures for
notifying the department upon the issuance of such an order, and other matters
relative to the issuance of out-of-service orders and violations thereof shall
be provided in rules and regulations promulgated by the
commissioner.
(3)
Any person is disqualified for a period of not less than 180 days nor more than
two years if the driver is convicted of a first violation of an out-of-service
order while transporting hazardous materials required to be placarded under
Section 105 of the Hazardous Materials Transportation Act, or while operating
commercial motor vehicles designed to transport more than 15 passengers,
including the driver. A driver is disqualified for a period of not less than
three years nor more than five years if, during any ten-year period, the driver
is convicted of any subsequent violations of out-of-service orders, in separate
incidents, while transporting hazardous materials required to be placarded under
Section 105 of the Hazardous Materials Transportation Act, or while operating
commercial motor vehicles designed to transport more than 15 passengers,
including the
driver.∀
∀(i)
Any person is disqualified from driving a commercial motor vehicle for a period
of not less than 60 days if it is determined, in a check of an
applicant́s
license status and record prior to issuing a commercial
driveŕs
license or at any time after the commercial
driveŕs
license is issued, that the applicant has falsified information on his or her
application or any related
filing.∀
SECTION
16.
Said
chapter is further amended by striking subsection (c) of Code Section 40-5-159,
relating to penalties for driving a commercial motor vehicle while in violation
of the law, in its entirety and inserting in its place the
following:
∀(c)(1)
Any person who drives a commercial motor vehicle while in violation of the
provisions mandated under Code Section 40-5-146 shall be guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than $500.00. The
department shall suspend the commercial
driveŕs
license or commercial driving privilege of
such
any
driver
convicted of
violating subsection (a) or paragraph (1) of subsection (b) of Code Section
40-5-146 for a period of six
months.
(2)
The department shall suspend the commercial driver’s license or commercial
driving privilege of any person who is convicted of violating Code Section
40-5-29 in a commercial vehicle for a period of six
months.∀
SECTION
17.
Chapter
6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform
rules of the road, is amended by striking subsection (c) of Code Section
40-6-186, relating to racing on highways or streets, and inserting in its place
the following:
∀(c)
Any person convicted of violating subsection (b) of this Code section shall be
guilty of a misdemeanor.
In addition
to the punishment prescribed by law, the Department of Public Safety shall
suspend for 12 months the license of any person convicted of such
violation.∀
SECTION
18.
Said
chapter is further amended by striking Code Section 40-6-187, relating to
charging speeding violations, in its entirety and inserting in its place the
following:
∀40-6-187.
(a)
In every charge of violation of any speed regulation in this chapter, the
summons or notice to appear shall specify the speed at which the defendant is
alleged to have driven and also the maximum speed applicable within the district
or at the location.
(b)
For the purpose of imposing points pursuant to Code Section 40-5-57, every
sentence for a violation of any speed regulation in this chapter shall state the
specific amount by which the person convicted exceeded the speed
limit.∀
SECTION
19.
This
Act shall become effective on July 1, 2006.
SECTION
20.
All
laws and parts of laws in conflict with this Act are repealed.