Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Ga. L. 1937, p. 322 are included in the annotations for this Code section.

Purpose.

- O.C.G.A. § 40-5-122 was intended to protect the public by preventing incompetent, inexperienced, or improper drivers from gaining access to public highways and causing injury and damage thereon. It was not enacted to allow unlicensed drivers to obtain recovery for personal injuries. Spivey v. Sellers, 185 Ga. App. 241, 363 S.E.2d 856 (1987).

Effect of international agreement on licensing.

- International agreement known as the Convention on Road Traffic supersedes the statutory provisions of the State of Georgia to the extent state statutory provisions are in conflict with the provisions of that agreement. A driver authorized to drive in participating countries pursuant to the agreement is required only to "hold a driving permit." Schofield v. Hertz Corp., 201 Ga. App. 830, 412 S.E.2d 853 (1991), cert. denied, 201 Ga. App. 904, 412 S.E.2d 853 (1992).

Negligent entrustment.

- Under the doctrine of negligent entrustment, the entrustor's negligence must concur with the driver's negligence to proximately cause damage to the plaintiff. Unless the plaintiff can prove the driver of the automobile was negligent, the entrustor's failure to ascertain whether the driver had a valid license is of no consequence. Schofield v. Hertz Corp., 201 Ga. App. 830, 412 S.E.2d 853 (1991), cert. denied, 201 Ga. App. 904, 412 S.E.2d 853 (1992).

Duty to discover "reputation" of driver.

- There is no duty on the owner of an automobile to investigate the competency of one to whom the owner lends a car and to discover one's "reputation" as a driver in order to avoid being negligent if it should subsequently be determined that the driver indeed had a reputation for recklessness and incompetency in driving. Worthen v. Whitehead, 196 Ga. App. 678, 396 S.E.2d 595 (1990).

Operator driving outside area given to operator by owner.

- An owner of an automobile who knowingly permits a vehicle to be operated by an untrained and unlicensed driver who was learning to drive is not relieved of liability for damages resulting from the operator's incompetence by the fact that the operator was driving outside of the area in which the owner had given the operator permission to drive. Medlock v. Barfield, 90 Ga. App. 759, 84 S.E.2d 113 (1954) (decided under Ga. L. 1937, p. 322).

Cited in McCook v. State, 145 Ga. App. 3, 243 S.E.2d 289 (1978); Thomason v. Harper, 162 Ga. App. 441, 289 S.E.2d 773 (1982).

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 262.

C.J.S.

- 60 C.J.S., Motor Vehicles, § 349.

ALR.

- Civil or criminal liability of one in charge of an automobile who permits an unlicensed person to operate it, 137 A.L.R. 475.

Construction, application, and effect of legislation making it an offense to permit, or imputing negligence to one who permits, an unauthorized or unlicensed person to operate motor vehicle, 69 A.L.R.2d 978.

Liability for personal injury or property damage, for negligence in teaching or supervision of learning driver, 5 A.L.R.3d 271.

Rental agency's liability for negligent entrustment of vehicle, 78 A.L.R.3d 1170.

Validity, construction, and application of age requirements for licensing of motor vehicle operators, 86 A.L.R.3d 475.

State regulation of motor vehicle rental ("you-drive") business, 60 A.L.R.4th 784.