05 LC 22
5741
House
Bill 322
By:
Representatives Benfield of the
85th,
Wilkinson of the
52nd,
Parham of the
141st,
Howard of the
121st,
Henson of the
87th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating
to instruction permits, graduated licensing and related restrictions, and
temporary licenses, so as to prohibit holders of instruction permits and class D
licenses from operating a motor vehicle while using a mobile telephone; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 40-5-24 of the Official Code of Georgia Annotated, relating to
instruction permits, graduated licensing and related restrictions, and temporary
licenses, is amended by striking paragraph (1) of subsection (a) and inserting
in lieu thereof the following:
"(a)(1)
Any resident of this state who is at least 15 years of age may apply to the
department for an instruction permit to operate a noncommercial Class C vehicle.
The department shall, after the applicant has successfully passed all parts of
the examination referred to in Code Section 40-5-27 other than the driving test,
issue to the applicant an instruction permit which shall entitle the applicant,
while having such permit in his or her immediate possession, to drive a Class C
vehicle upon the public highways for a period of two years
when
under the
following conditions:
(A)
The instruction permit holder shall be
accompanied by a person at least 21 years of age who is licensed as a driver for
a commercial or noncommercial Class C vehicle, who is fit and capable of
exercising control over the vehicle, and who is occupying a seat beside the
driver;
and
(B)
The instruction permit holder shall not operate a motor vehicle on the public
highways while using any mobile telephone, cellular telephone, or any other
wireless telecommunications
device."
SECTION
2.
Said
Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to
instruction permits, graduated licensing and related restrictions, and temporary
licenses, is further amended by striking paragraph (2) of subsection (b) and
inserting in lieu thereof the following:
"(2)
The department shall, after all applicable requirements have been met, issue to
the applicant a Class D
driveŕs
license which shall entitle the applicant, while having such license in his or
her immediate possession, to drive a Class C vehicle upon the public highways of
this state under the following conditions:
(A)
Any Class D license holder shall not drive a Class C motor vehicle on the public
roads, streets, or highways of this state between the hours of 12:00 Midnight
and 6:00 A.M. eastern standard time or eastern daylight time, whichever is
applicable;
and
(B)(i)
Any Class D license holder shall not drive a Class C motor vehicle upon the
public roads, streets, or highways of this state when more than three other
passengers in the vehicle who are not members of the
driveŕs
immediate family are less than 21 years of age.
(ii)
During the six-month period immediately following issuance of such license, any
Class D license holder shall not drive a Class C motor vehicle upon the public
roads, streets, or highways of this state when any other passenger in the
vehicle is not a member of the
driveŕs
immediate family;
and
(C)
Any Class D license holder shall not drive a Class C motor vehicle upon the
public roads, streets, or highways of this state while using any mobile
telephone, cellular telephone, or any other wireless telecommunications
device;
provided,
however, that a Class D license holder shall not be charged with a violation of
this paragraph alone but may be charged with violating this paragraph in
addition to any other traffic
offense."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.