Bill Text: GA HB258 | 2009-2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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09 HB258/SCSFA/2

SENATE SUBSTITUTE TO HB 258

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, 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 amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to the issuance of instruction permits, so as 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 amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to eliminate certain exceptions to the required use of safety belts; 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.

Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, is amended by revising subsection (b) 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.

Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to the issuance of instruction permits, is amended by revising paragraph (1) of subsection (a) 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 2.1.

Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, is amended by revising subsection (a) 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, and sport utility vehicles, designed to carry ten passengers or less fewer and used for the transportation of persons; provided, however, that such term shall not include motorcycles; motor driven cycles; or off-road vehicles or farm vehicles as defined in Code Section 40-2-150 being used by an owner, driver, or occupant 18 years of age or older 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.

This Act shall become effective on June 1, 2009.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.