Bill Text: GA HB258 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Driver's license; minor of disabled guardian; restricted learner's permit; provisions
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-07-01 - Effective Date [HB258 Detail]
Download: Georgia-2009-HB258-Comm_Sub.html
10 LC 28
5285S
COMMITTEE
OF CONFERENCE SUBSTITUTE TO HB 258
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating
to drivers' licenses, so as to allow any person 15 years of age or older who has
a parent or guardian who is medically incapable of being licensed to operate a
motor vehicle to drive with the disabled person in the vehicle; to allow a
holder of a valid instruction permit to drive with a disabled guardian or parent
who has been issued an identification card containing the international
handicapped symbol; to allow for issuance of a limited driving permit to a
driver between 18 and 21 years old 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 provide for related matters; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers'
licenses, is amended by revising subsection (b) of Code Section 40-5-22,
relating to the qualifications for a driver's license, as follows:
"(b)(1)
Notwithstanding the provisions of subsection (a) of this Code section, any
person 14 years of age who has a parent or guardian who is medically incapable
of being licensed to operate a motor vehicle due to visual impairment may apply
for and, subject to the approval of the commissioner, may be issued a restricted
noncommercial Class P instruction permit for the operation of a noncommercial
Class C vehicle. Any person permitted pursuant to this subsection shall be
accompanied by such visually impaired parent or guardian whenever operating a
motor vehicle.
(2)
Notwithstanding the provisions of subsection (a) of this Code section, any
person 15 years of age or older who has a parent or guardian who is medically
incapable of being licensed to operate a motor vehicle due to physical
impairment and has been issued an identification card containing the
international handicapped symbol pursuant to Article 8 of this chapter may apply
for and, subject to the approval of the commissioner, may be issued a restricted
noncommercial Class P instruction permit for the operation of a noncommercial
Class C vehicle. Any person permitted pursuant to this paragraph shall be
accompanied whenever operating a motor vehicle by such physically impaired
parent or guardian or 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. The department shall require satisfactory proof that the physically
impaired parent or guardian previously held a valid driver's license in the
State of Georgia, another state, or the District of Columbia before issuing an
instructional permit pursuant to this
paragraph."
SECTION
2.
Said
chapter is further amended by revising paragraph (1) of subsection (a) of Code
Section 40-5-24, relating to the issuance of instruction permits, as
follows:
"(a)(1)(A)
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 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.
(B)
Notwithstanding the provisions of subparagraph (A) of this paragraph, any person
holding a valid Class C instructional permit may drive a Class C motor vehicle
when accompanied by a disabled parent or guardian who has been issued an
identification card containing the international handicapped symbol pursuant to
Article 8 of this
chapter."
SECTION
3.
Said
chapter is further 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
4.
This
Act shall become effective on July 1, 2010.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.