07
LC 36 0781S
The
Senate Public Safety and Homeland Security Committee offered the following
substitute to HB 254:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles and traffic, so as to revise and change certain provisions regarding
the operation of motor vehicles; to allow for issuance of a limited driving
permit to a driver between the ages of 18 and 21 who has his or her license
suspended for driving 24 or more miles per hour but less than 34 miles per hour
over the speed limit; to eliminate certain exceptions to the required use of
safety belts in order to provide additional safeguards to those who are issued
such limited driving permits between the ages of 18 and 21 and to the general
public; to provide for related matters; to provide for effective dates; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended by revising subsection (a) of Code Section 40-5-64, relating
to issuance of limited driving permits for certain offenders, as
follows:
"(a)
To whom
issued.
(1)
Notwithstanding any contrary provision of Code Section 40-5-57 or 40-5-63 or any
other Code section of this chapter, any person who has not been previously
convicted or adjudicated delinquent for a violation of Code Section 40-6-391
within five years, as measured from the dates of previous arrests for which
convictions were obtained or pleas of nolo contendere were accepted to the date
of the current arrest for which a conviction is obtained or a plea of nolo
contendere is accepted, may apply for a limited driving permit when and only
when that person´s driver´s license has been suspended in accordance
with paragraph (2) of subsection (a.1) of Code Section 40-5-22, subsection (d)
of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section
40-5-63,
or
paragraph (1) of subsection (a) of Code Section
40-5-67.2, or
subsection (a) of Code Section 40-5-57.1, when the person is 18 or over and his
or her license was suspended for exceeding the speed limit by 24 miles per hour
or more but less than 34 miles per hour, and the sentencing judge, in his or her
discretion, decides it is reasonable to issue a limited driving
permit.
(2)
Any person whose driver´s license has been suspended and who is subject to
a court order for installation and use of an ignition interlock device as a
condition of probation pursuant to the provisions Article 7 of Chapter 8 of
Title 42 may apply for a limited driving permit."
SECTION
2.
Said
title is further amended by revising subsection (a) of Code Section 40-8-76.1,
relating to the use of safety belts in passenger vehicles, as
follows:
"(a)
As used in this Code section, the term 'passenger vehicle' means every motor
vehicle,
including, but not limited to, pickup trucks, vans, or sport utility
vehicles, designed to carry ten passengers
or
less
fewer
and used for the transportation of
persons. Such
term shall not include motorcycles, motor driven cycles, or farm vehicles
equipped for and used primarily for off-road agricultural
use
but shall
not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped
for off-road use, provided that the term 'passenger vehicle' includes any sport
utility vehicle and also includes pickup trucks for any occupant who is under 18
years of age."
SECTION
3.
(a)
Except as otherwise provided in subsection (b) of this section, this Act shall
become effective upon its approval by the Governor or upon its becoming law
without such approval.
(b) Section 1 of this Act shall become effective on July 1, 2007.
(b) Section 1 of this Act shall become effective on July 1, 2007.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.