TITLE 33 INSURANCE

Section 9. Regulation of Rates, Underwriting Rules, and Related Organizations, 33-9-1 through 33-9-44.

ARTICLE 2 UNFAIR CLAIMS SETTLEMENT PRACTICES

33-9-42. Reduction in premiums for motor vehicle liability, first-party medical, and collision coverages for certain named drivers.

1. For each personal or family-type policy of private passenger motor vehicle insurance issued or issued for delivery in this state, there shall be offered by the insurer a reduction of not less than 10 percent in premiums for motor vehicle liability, first-party medical, and collision coverages to the policyholder if all named drivers, as listed or who should be listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy satisfy the requirements of subsection (b) or subsection (c), as applicable, of this Code section.
2. Reductions in premiums shall be available if all named drivers who are 25 years of age or older:
   1. Have committed no traffic offenses for the prior three years or since the date of licensure, whichever is shorter;
   2. Have had no claims based on fault against an insurer for the prior three years; and
   3. Complete one of the following types of driving courses:
      1. A defensive driving course of not less than six hours from a driver improvement clinic or commercial or noncommercial driving school approved by and under the jurisdiction of the Department of Driver Services;
      2. An emergency vehicles operations course at the Georgia Public Safety Training Center;
      3. A defensive driving course of not less than six hours from a driver improvement program which is administered by a nonprofit organization such as the American Association of Retired People, the American Automobile Association, the National Safety Council, or a comparable organization and which meets the rules and regulations of the Department of Driver Services pursuant to subsection (g) of this Code section; or
      4. A defensive driving course of not less than six hours which is offered by an employer to its employees and their immediate families and which meets the rules and regulations of the Department of Driver Services.
3. Reductions in premiums shall be available if all named drivers who are under 25 years of age:
   1. Have committed no traffic offenses for the prior three years or since the date of licensure, whichever is shorter;
   2. Have had no claims based on fault against an insurer for the prior three years; and
   3. Complete a preparatory course offered to new drivers of not less than 30 hours of classroom training and not less than six hours of practical training by a driver's training school approved by and under the jurisdiction of the Department of Driver Services or by an accredited secondary school, junior college, or college.
4. Upon completion of one of the defensive driving courses specified in paragraph (3) of subsection (b) or preparatory courses offered to new drivers specified in paragraph (3) of subsection (c), as applicable, of this Code section by each named driver, eligibility for reductions in premiums for such policy shall continue for a period of three years, provided any named driver under such policy does not commit a traffic offense or have a claim against the policy based on any such driver's fault.
5. The Department of Driver Services shall assure through the supervision of driver improvement clinics, emergency vehicles operations courses, driver improvement programs administered by nonprofit organizations, and commercial or noncommercial driving schools approved by the Department of Driver Services that defensive driving courses shall be available and accessible wherever practicable as determined by the department to licensed drivers throughout the state.
6. Each insurer providing premium discounts under this Code section shall provide, upon the request of the Commissioner, information regarding the amount of such discounts in a form acceptable to the Commissioner.
7. The power of supervision granted to the Department of Driver Services over driver improvement programs administered by nonprofit organizations under this Code section shall be limited to the establishment of minimum standards and requirements relative to the content of specific courses offered by such programs and relative to investigation and resolution of any complaints directed towards the content or operation of any course by a person enrolled in such course.The Department of Driver Services may adopt rules and regulations necessary to carry out the provisions of this subsection.The Department of Driver Services shall not require a nonprofit organization to obtain a license or permit or to pay a fee in order to administer a driver improvement program in the state.The Department of Driver Services shall not require a commercial driving school licensed by such department to obtain an additional license to teach a defensive driving course, as described in subparagraph (b)(3)(A) or preparatory course offered to new drivers as described in paragraph (3) of subsection (c) of this Code section, at any location in this state.
8. Nothing in this Code section shall prevent an insurer from offering the reduction in premium specified in subsection (a) of this Code section to a driver who does not meet all of the requirements of subsection (b) or subsection (c), as applicable, of this Code section.

(Code 1981, §33-9-42, enacted by Ga. L. 1991, p. 1608, § 1.7; Ga. L. 1992, p. 2464, § 1; Ga. L. 1993, p. 611, § 1; Ga. L. 2002, p. 415, § 33; Ga. L. 2005, p. 334, § 13-1/HB 501; Ga. L. 2014, p. 710, § 1-4/SB 298.)

The 2014 amendment, effective July 1, 2014, in subsection (b), substituted "A defensive driving course" for "A course in defensive driving" at the beginning of subparagraphs (b)(3)(A), (b)(3)(C), and (b)(3)(D); in subparagraph (b)(3)(C), substituted "meets the rules and regulations of" for "meets the standards promulgated by" and substituted "subsection (g)" for "subsection (f)"; in subparagraph (b)(3)(D), inserted "which is" near the beginning and substituted "families and which meets the rules and regulations of" for "families, which course has been approved by"; in subsection (d), inserted "defensive" near the beginning and inserted "preparatory courses offered to new drivers specified in" near the middle; and inserted "preparatory course offered to new drivers as described in" in the last sentence of subsection (g).