05 LC 34
0174
House
Bill 258
By:
Representatives Wilkinson of the
52nd
and Murphy of the
23rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 40-5-26 of the Official Code of Georgia Annotated, relating
to applications of minors for
driverś
licenses and distinctive licenses for persons under age 21, so as to provide for
revocation of
minorś
permits and
driverś
licenses upon requests by persons who signed and verified the
minorś
applications; to provide for issuance of new instruction permits and
driverś
licenses following such revocations; to provide for a mandatory waiting period;
to provide for insurance matters related to such revocations; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 40-5-26 of the Official Code of Georgia Annotated, relating to
applications of minors for
driverś
licenses and distinctive licenses for persons under age 21, is amended by
striking subsection (a) and inserting in lieu thereof the
following:
"(a)(1)
The application of any person under the age of 18 years for an instruction
permit or
driveŕs
license shall be:
(1)(A)
Signed and verified by the father, mother, or guardian of the applicant before a
person authorized to administer oaths or, in the event there is no parent or
guardian, by another responsible adult; or
(2)(B)
Signed and verified by a licensed driver training instructor before a person
authorized to administer oaths when such instructor is acting as an agent for
such purposes on behalf of the father, mother, or guardian of the applicant and
such agency is evidenced by permission of such parent or guardian which has been
granted in writing and signed and verified by such parent or guardian before a
person authorized to administer oaths and on such form as shall be prescribed by
rule or regulation of the department.
(2)(A)
A person who signed and verified a
minoŕs
successful application for an instruction permit or
driveŕs
license may subsequently during such minority request revocation of the
minoŕs
instruction permit or
driveŕs
license by written notice to the department on such form as specified thereby,
signed and verified before a person authorized to administer oaths. If the
request for revocation is submitted by a licensed driver training instructor
acting as an agent on behalf of the father, mother, or guardian of the
applicant, such agency must be evidenced by permission for the revocation of
such parent or guardian which has been granted in writing and signed and
verified by such parent or guardian before a person authorized to administer
oaths. Upon receipt of such request and payment of a fee in an amount
equivalent to that which was required for issuance of the instruction permit or
driveŕs
license, and after a mandatory three business day waiting period, during which
the request for revocation may be withdrawn but the fee shall not be returned,
the department shall revoke the
minoŕs
instruction permit or
driveŕs
license.
(B)
A minor whose instruction permit or
driveŕs
license has been revoked under this paragraph shall not be eligible for issuance
of another instruction permit or
driveŕs
license until he or she reaches 18 years of age, unless consent for issuance of
an instruction permit or
driveŕs
license has been granted as provided by subparagraphs (A) and (B) of
paragraph (1) of this subsection upon application of the minor made not sooner
than three months after the effective date of revocation.
(C)
The provisions of Code Section 40-5-62 shall not apply to a person whose
instruction permit or
driveŕs
license has been revoked under this paragraph.
(D)
A revocation of a
minoŕs
instruction permit or
driveŕs
license under this paragraph shall not be deemed a revocation for purposes of
any increase in insurance rates or cancellation of any policy of motor vehicle
insurance for which the minor is not the sole named insured, but such a policy
may be amended so as to remove such minor from the list of named insureds under
such
policy."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.