hb1253_Sen_ctee_sub_LC_34_0777S

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06 LC 34 0777S

The Senate Public Safety and Homeland Security Committee offered the following substitute to HB 1253:

A BILL TO BE ENTITLED
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 sharing of information with courts and other agencies regarding license information; reinstatement of a minoŕs license upon proof of graduation from high school; to provide that social security numbers shall not be used on driverś licenses; to provide for a suspension for violation of restrictions on a driveŕs license; to require implementation of electronic transmission of uniform traffic citations to the Department of Driver Services; 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 provide that applicants for commercial driverś licenses must take the Highway Watch safety and security program; to allow for issuance of nonresident commercial driverś licenses; to clarify the requirements for commercial driverś 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 subparagraph (c)(1)(D) of Code Section 40-5-2, relating to maintaining records of applicants for driverś licenses, in its entirety and inserting in its place the following:

"(D) To a judge, prosecuting official, or law enforcement agency for use in investigations or prosecutions of alleged criminal or unlawful activity, or to the driveŕs licensing agency of another state; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished to the driveŕs licensing agency of another state shall be limited to name, address, driver identification number, and medical or disability information;"

SECTION 2.

Said chapter is further 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 3.

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 January 1, 2007, 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 4.

Said chapter is further amended by striking subsection (c) of Code Section 40-5-30, relating to restricted driverś 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 5.

Said chapter is further amended by striking subsection (b) of Code Section 40-5-53, relating to when courts have to send driverś licenses and reports of convictions to the department, and inserting a new subsection (b) to read as follows:

"(b) Every court in each county of this state having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing, or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state shall transmit the information contained on the uniform citation form by electronic means, using the electronic reporting method approved by the department. The department shall pay to the clerk of the court forwarding the required report 40¢ for each report transmitted electronically in a timely manner as required in this subsection; and notwithstanding any general or local law to the contrary, the clerk shall pay such fees over to the general fund of the city or county operating the court. Where a court has not implemented transmittal by electronic means, the commissioner may require such court or courts to submit by electronic means no later than a future date to be determined by the commissioner."

SECTION 6.

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 7.

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 8.

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 9.

Said chapter is further amended by striking the introductory language of subsection (a) and subsection (d) of Code Section 40-5-63, relating to driveŕs license suspensions for certain offenses, in their entirety and inserting in their place, respectively, the following:

"(a) The driveŕs 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 driveŕs 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 10.

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 11.

Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 40-5-75, relating to suspension of driverś 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:"

SECTION 12.

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 13.

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 driverś licenses, in their entirety and inserting in their respective places the following:

"(C) If the vehicle is transporting hazardous materials as designated under 49 U.S.C. Section 5103 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 or is transporting any quantity of a material listed as a select agent or toxin in Title 42 C.F.R. Part 73;

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, including operation by employees or family members; 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 common or contract carrier. Any other waiver by the Federal Highway Administration Federal Motor Carrier Safety Administration pursuant to Federal Law 49 C.F.R. Parts 383, 391, RIN 2125-AB 68, and 384 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 noncommercial 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;

(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 14.

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 15.

Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 40-5-147, relating to the requirements for issuing a commercial driver's license or instruction permit, in its entirety and inserting in its place the following:

"(a)(1) Except as provided in Code Section 40-5-148, no person may be issued a commercial driveŕs license unless that person is a resident of this state, is at least 18 years of age, has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 C.F.R. Part 383, subparts G and H, has completed the Highway Watch safety and security training program or its federally designated successor program and is properly registered with the same, and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, in addition to any other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the department in English only."

SECTION 16.

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 driverś 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 driverś licenses."

SECTION 17.

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 driverś licenses, to read as follows:

"(i)(1) 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 subsection.

(2) If, after issuing a commercial driveŕs license bearing a hazardous materials endorsement, the department receives notification that the Transportation Security Administration has determined that the holder thereof poses a security risk, it shall cancel the commercial driveŕs license. The department may issue a new commercial driveŕs license without a hazardous materials endorsement to said licensee upon surrender of the license bearing the cancelled endorsement.

(3) If a person to whom the department previously issued a commercial driveŕs license with a hazardous materials endorsement has provided all of the required information to the Transportation Security Administration for the completion of a security threat assessment, but the Transportation Security Administration has not provided a Determination of No Security Threat or a Final Determination of Threat Assessment before the expiration date of said commercial driveŕs license, the department may renew the commercial driveŕs license for a period of 90 days if the licensee wishes to retain the hazardous materials endorsement. Notwithstanding the foregoing, the persońs commercial driveŕs license may be renewed for the full renewal period if the licensee wishes to drop the hazardous materials endorsement.

(4) If a person to whom another state previously issued a commercial driveŕs license with a hazardous materials endorsement applies prior to the expiration thereof to transfer said license, the department may issue a temporary commercial driveŕs license with a hazardous materials endorsement valid for a period of 90 days upon the persońs successful completion of all other statutory requirements. It shall be a prerequisite to the issuance of such a temporary license that the person has provided all of the required information to the Transportation Security Administration for the completion of a security threat assessment, but the Transportation Security Administration has not provided a Determination of No Security Threat or a Final Determination of Threat Assessment prior to the expiration date of the persońs commercial driveŕs license issued by the previous state."

SECTION 18.

Said chapter is further amended by striking subsection (h) of Code Section 40-5-150, relating to the contents of a commercial driver's license, in its entirety and inserting in its place the following:

"(h) When applying for renewal of a commercial driveŕs license, the applicant shall complete the application form required by subsection (a) of Code Section 40-5-149, providing updated information and required medical certifications, and provide evidence the applicant has completed the Highway Watch safety and security training program or its federally designated successor program and is properly registered with the same. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed."

SECTION 19.

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 new subsection (i) and (j) 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.

(4) In addition to any other penalty imposed pursuant to this article, any driver who is convicted of a railroad grade crossing violation in a commercial vehicle shall be subject to a civil penalty of not less than $1,100.00 and not to exceed $2,750.00."

"(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.

(j)(1) Any person is disqualified from driving a commercial vehicle for a period of not less than 30 days if the department receives notification from the Federal Motor Carrier Safety Administration that the person poses an imminent hazard.

(2) If the Federal Motor Carrier Safety Administration notifies the department that a persońs driving constitutes an imminent hazard and imposes a disqualification greater than 30 days, the person shall be disqualified from driving a commercial vehicle for the period designated by the Federal Motor Carrier Safety Administration, not to exceed one year."

SECTION 20.

Said chapter is further amended by striking subsections (c) and (d) 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 driveŕs 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.

(d) Any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of any federal, state, or local law or regulation pertaining to railroad grade crossings shall be subject to a civil penalty in an amount not less than $2,750.00 and not to exceed $10,000.00 $11,000.00."

SECTION 21.

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 22.

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 23.

This Act shall become effective on July 1, 2006.

SECTION 24.

All laws and parts of laws in conflict with this Act are repealed.