08 HB978/SCSFA/1
SENATE
SUBSTITUTE TO HB 978
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia
Annotated, relating to the uniform rules of the road for motor vehicles, so as
to provide that any motor vehicle that is being operated by a person without a
license shall be subject to removal; to provide for exceptions; to provide for
return of the vehicle; to provide for fines; to amend Code Section 15-21-179 of
the Official Code of Georgia Annotated, relating to additional penalties for
violation of traffic laws or ordinances, so as to extend the collection of
certain additional penalties for traffic violations; to provide for related
matters; to provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating
to the uniform rules of the road for motor vehicles, is amended by adding a new
Code section to read as follows:
"40-6-279.
(a)
Where a person is operating a motor vehicle without a license in violation of
subsection (a) of Code Section 40-5-20, the arresting law enforcement officer
shall , except in an emergency, cause the vehicle being operated by such person
to be removed and impounded pursuant to the provisions of Chapter 11 of this
title. All provisions of Chapter 11 of this title applicable to vehicles
removed by law enforcement officers including lien procedures shall apply to the
release or disposal of such vehicle; provided, however, that the vehicle shall
be released to the owner, or the owner´s spouse, child, or parent upon
proof of relationship to the owner, such person displaying an unexpired
driver´s license, and such person´s compliance with the other
applicable provisions of Chapter 11 of this title.
(b)
This Code section shall not apply to:
(1)
A person driving with an expired license;
(2)
A first offense committed by an unlicensed driver who is 16 years of age or
younger; or
(3)
A person exempted under Code Section 40-5-21.”
SECTION
1A.
Code
Section 15-21-179 of the Official Code of Georgia Annotated, relating to
additional penalties for violation of traffic laws or ordinances, is amended by
revising subsection (c) as follows:
"(c)
This Code section shall be repealed in its entirety on June 30,
2008
2013,
unless extended by an Act of the General Assembly."
SECTION
2.
This
Act shall become effective on July 1, 2008, and shall be applied to violations
occurring on or after that date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.