05 LC 34
0295S
The
House Committee on Motor Vehicles offers the following substitute to HB
367:
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 licensing of driver training and commercial driver training schools, so as to
provide definitions; to provide exceptions from these provisions; to regulate
licensing of schools; to provide for insurance and bonds for school operators;
to provide for related matters; to provide 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 licensing
of driver training and commercial driver training schools, is amended by
striking Code Section 43-13-2, relating to definitions applicable to driver
training schools, and inserting in its place the following:
"43-13-2.
(a)
As used in this chapter, the term:
(1)
'Certificate of completion' means a certificate prescribed by the department
issued for the successful completion of an approved 30 hours of classroom and
six hours of behind the wheel instruction by a licensed driver training
school.
(3)(2)
'Commercial driver training school' 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.
(1)(3)
'Department' means the Department of Motor Vehicle Safety acting directly or
through its duly authorized officers and agents.
(2)(4)
'Driver training schools' 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
Motor Vehicle Safety pursuant to Chapter 15 of Title 40.
The term shall
also include public school systems 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 Motor Vehicle
Safety 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)
Except as otherwise provided in this subsection, the terms 'driver training
school' and 'commercial driver training school' 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; except that such facilities shall be required to file a memorandum of
understanding with the commissioner of the Department of Motor Vehicle Safety in
the prescribed format of the department;
(2)
Any person 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 shall be required to obtain a limited
license as a driver training school, register and identify all of its vehicles,
and become subject to the same insurance requirements for a driver training
school as outlined in Code Section 43-13-4. The commissioner of the Department
of Motor Vehicle Safety shall promulgate and adopt rules and regulations for the
qualifications 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 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 vehicle and safety requirements of the rules and regulations of the
commissioner. A temporary driver training permit shall be displayed in a
conspicuous location during all times 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
licensing of driver training schools, 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
to ten or more
persons per calendar year for hire 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 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.
A driver
training school shall offer a minimum of 30 hours of classroom instruction and
six hours of behind the wheel instruction for the purpose of assisting persons
to obtain a Class C license; however, a public or private school system may
contract with a licensed driver training school to provide the six hours of
behind the wheel instruction. A driver training school shall offer a minimum of
15 hours of instruction for the purpose of assisting persons to obtain a
Class M
license."
SECTION
3.
Said
chapter is further amended by striking paragraphs (3), (4), and (6) of Code
Section 43-13-4, relating to qualification of driver training school operators,
and inserting in their place the following:
"(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
10,000.00
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
10,000.00
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;"
"(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 driver training schools limited license and
instructors.
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, 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 driver training school
or commercial
driver training
school."
SECTION
5.
Said
chapter is further amended by striking subsection (a) of Code Section 43-13-10,
relating to exceptions to the driver training school law, and inserting in its
place the
following: "(a)
This chapter shall not apply to a college conducting a driver or commercial
driver training course; nor shall it apply to driver improvement schools
operated by the
state,
or
by a county or
municipality,
or any entity conducting a driver safety course on private property when the
vehicles used in the training are not owned or leased by the entity conducting
the driver safety
training."
SECTION
6.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.