hb978_Sen_ctee_sub_LC_35_0980S_8.html
08 LC 35 0980S

The Senate Public Safety Committee offered the following substitute to HB 978:

A BILL TO BE ENTITLED
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 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 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 in addition to any other conditions provided by law, the vehicle shall not be released except to an owner displaying an unexpired driver´s license.
(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 relating to nonresident drivers."

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All laws and parts of laws in conflict with this Act are repealed.