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2018 Georgia Code 40-5-22 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-5-22 Case Law from Google Scholar Amendments to OCGA 40-5-22

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 5. Drivers' Licenses, 40-5-1 through 40-5-179.

ARTICLE 2 ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES

40-5-22. Persons not to be licensed; minimum ages for licensees; school enrollment requirements; driving training requirements; limited driving permit; expired licenses.

  1. Except as otherwise provided in this Code section, the department shall not issue any Class C driver's license to any person who is under 18 years of age or Class M driver's license to any person who is under the age of 17 years, except that the department may, under subsection (a) of Code Section 40-5-24, issue a Class P instruction permit permitting the operation of a noncommercial Class C vehicle to any person who is at least 15 years of age, and may, under subsection (b) of Code Section 40-5-24, issue a Class D driver's license permitting the operation of a noncommercial Class C vehicle to any person who is at least 17 years of age.On and after January 1, 1985, the department shall not issue any driver's license to any person under 18 years of age unless such person presents a certificate or other evidence acceptable to the department which indicates satisfactory completion of an alcohol and drug course as prescribed in subsection (b) of Code Section 20-2-142; provided, however, that a person under 18 years of age who becomes a resident of this state and who has in his or her immediate possession a valid license issued to him or her in another state or country shall not be required to take or complete the alcohol and drug course.The department shall not issue a driver's license or a Class P instruction permit for the operation of a Class A or B vehicle or any commercial driver's license to any person who is under the age of 18 years.

    The department shall notify such minor of his or her ineligibility for an instruction permit or driver's license at the time of such application.

    1. Notwithstanding the provisions of subsection (a) of this Code section, any person 14 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 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 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.
    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.
  3. Except as provided in subsection (d) of this Code section, the department shall not issue any driver's license to nor renew the driver's license of any person:
    1. Whose license has been suspended during such suspension, or whose license has been revoked, except as otherwise provided in this chapter;
    2. Whose license is currently under suspension or revocation in any other jurisdiction upon grounds which would authorize the suspension or revocation of a license under this chapter;
    3. Who is a habitual user of alcohol or any drug to a degree rendering him or her incapable of safely driving a motor vehicle;
    4. Who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law;
    5. Who is required by this chapter to take an examination, unless such person shall have successfully passed such examination;
    6. Who the commissioner has good cause to believe would not, by reason of physical or mental disability, be able to operate a motor vehicle with safety upon the highway; or
    7. Whose license issued by any other jurisdiction is suspended or revoked by such other jurisdiction during the period such license is suspended or revoked by such other jurisdiction.
  4. The department is authorized to issue a limited driving permit to an applicant whose license is currently under suspension or revocation in any other jurisdiction upon grounds which would authorize the suspension or revocation of a license under this chapter, provided that the applicant is otherwise eligible for such limited driving permit in accordance with subsection (a) of Code Section 40-5-64 and paragraph (1) or (2) of subsection (a) of Code Section 40-5-64.1.
  5. The department may issue a probationary license, limited driving permit, or ignition interlock device limited driving permit to any individual whose driver's license is expired; provided, however, that he or she is otherwise eligible for such probationary license, limited driving permit, or ignition interlock device limited driving permit pursuant to Code Section 40-5-58, 40-5-64, 40-5-64.1, 40-5-75, or 40-5-76.

(a.1) (1)The department shall not issue an instruction permit or driver's license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or driver's license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) diploma, a special diploma, or a certificate of high school completion or has terminated his or her secondary education and is enrolled in a postsecondary school, is pursuing a general educational development (GED) diploma, or the records of the department indicate that said applicant:

Is enrolled in and not under expulsion from a public or private school; or

Is enrolled in a home education program that satisfies the reporting requirements of all state laws governing such program.

The State Board of Education and the commissioner of driver services are authorized to promulgate rules and regulations to implement the provisions of this subsection.

The Technical College System of Georgia shall be responsible for compliance and noncompliance data for students pursuing a general educational development (GED) diploma.

(a.2) (1)On and after January 1, 2002, the department shall not issue any initial Class D driver's license or, in the case of a person who has never been issued a Class D driver's license by the department or the equivalent thereof by any other jurisdiction, any initial Class C driver's license unless such person:

Is at least 16 years of age and has completed an approved driver education course in a licensed private or public driver training school and in addition has a cumulative total of at least 40 hours of other supervised driving experience including at least six hours at night, all of which is verified in writing signed before a person authorized to administer oaths by a parent or guardian of the applicant or by the applicant if such person is at least 18 years of age; or

Is at least 17 years of age and has completed a cumulative total of at least 40 hours of supervised driving experience including at least six hours at night, and the same is verified in writing signed before a person authorized to administer oaths by a parent or guardian of the applicant or by the applicant if such person is at least 18 years of age; provided, however, that a person 17 years of age or older who becomes a resident of this state, who meets all of the qualifications for issuance of a Class C license with the exception of the completion of an approved driver educationtraining course and at least 40 hours of supervised driving experience as required by this subsection, and who has in his or her immediate possession a valid license equivalent to a Class C license issued to him or her in another state or country shall be entitled to receive a Class C license.

The commissioner shall by rule or regulation establish standards for approval of any driver education course for purposes of subparagraph (A) of paragraph (1) of this subsection, provided that such course shall be designed to educate young drivers about safe driving practices and the traffic laws of this state and to train young drivers in the safe operation of motor vehicles, and provided, further, that the commissioner shall provide for the approval of courses from other states to satisfy the requirements of this paragraph for any child moving into this state within nine months of his or her sixteenth birthday when the child's parent is in the active military service of the United States.

For purposes of supervised driving experience under paragraph (1) of this subsection, supervision shall be provided 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.

For the purposes of this Code section, the term "approved driver education training course" shall include those driver education training courses approved by the Department of Driver Services.

For purposes of this Code section, the term "approved driver education training course" shall include instruction given in the course of a home education program that satisfies the reporting requirements of all state laws governing such programs, provided that such instruction utilizes a curriculum approved by the department.

(Ga. L. 1937, p. 322, art. 4, § 2; Ga. L. 1966, p. 12, § 1; Code 1933, § 68B-203, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1983, p. 745, § 2; Ga. L. 1984, p. 22, § 40; Ga. L. 1986, p. 839, § 1; Ga. L. 1989, p. 519, § 6; Ga. L. 1990, p. 2048, § 4; Ga. L. 1991, p. 321, § 1; Ga. L. 1994, p. 97, § 40; Ga. L. 1997, p. 760, § 10; Ga. L. 2000, p. 951, § 5-5; Ga. L. 2000, p. 1589, § 3; Ga. L. 2001, p. 184, § 1-1; Ga. L. 2004, p. 107, § 21B; Ga. L. 2005, p. 60, § 40/HB 95; Ga. L. 2005, p. 334, § 17-4/HB 501; Ga. L. 2005, p. 798, § 22/SB 35; Ga. L. 2005, p. 1461, § 3/SB 226; Ga. L. 2006, p. 72, § 40/SB 465; Ga. L. 2006, p. 343, § 3/SB 637; Ga. L. 2006, p. 449, § 2/HB 1253; Ga. L. 2008, p. 171, § 2/HB 1111; Ga. L. 2008, p. 335, § 6/SB 435; Ga. L. 2008, p. 589, § 1/HB 969; Ga. L. 2010, p. 199, § 1/HB 258; Ga. L. 2011, p. 355, § 2/HB 269; Ga. L. 2011, p. 752, § 40/HB 142; Ga. L. 2012, p. 72, § 2/SB 236; Ga. L. 2014, p. 432, § 2-13/HB 826; Ga. L. 2015, p. 60, § 4-8/SB 100; Ga. L. 2016, p. 323, § 2-1/HB 205; Ga. L. 2017, p. 184, § 2/HB 136; Ga. L. 2017, p. 774, § 40/HB 323; Ga. L. 2018, p. 550, § 2-9/SB 407.)

The 2016 amendment, effective July 1, 2017, in subsection (d), substituted "subsection (a) of Code Section 40-5-64 and paragraph (1) or (2) of subsection (a) of Code Section 40-5-64.1" for "paragraph (1) of subsection (a) of Code Section 40-5-64" at the end.

The 2017 amendments. The first 2017 amendment, effective July 1, 2017, deleted the last sentence in paragraphs (b)(1) and (b)(2), which read: "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." The second 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, revised language in paragraphs (b)(1) and (b)(2). See Editor's notes regarding the effect of these amendments.

The 2018 amendment, effective July 1, 2018, added subsection (e).

Cross references.

- Driver education course included for purposes of enrollment counts of public school students, § 20-2-160.

School attendance reports, §§ 20-2-320,20-2-690,20-2-697,20-2-701.

Graduated licensing and related restrictions, § 40-5-24.

Applications of minors, § 40-5-26.

Suspension of licenses of persons under age 21 for certain offenses, § 40-5-57.1.

Editor's notes.

- Ga. L. 1997, p. 760, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Teen-age and Adult Driver Responsibility Act'."

Ga. L. 1997, p. 760, § 27, provides that the amendment made by the Act to this Code section shall apply to offenses committed on or after July 1, 1997, and shall not apply to offenses committed prior to that date, except that subsection (a.1) of this Code section became effective January 1, 1998.

Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

Ga. L. 2005, p. 1461, § 7/SB 226, provides that the fourth 2005 amendment, as amended by Ga. L. 2006, p. 343, § 3/SB 637, becomes effective on January 1, 2007, subject to available funds. Funds were appropriated at the 2006 session of the General Assembly.

Ga. L. 2005, p. 1461, § 6/SB 226, not codified by the General Assembly, provides: "The provisions of this Act shall not apply to or otherwise affect any valid license or instructional permit which has been issued to any person by this state and which is in effect on the effective date of this Act. On and after the effective date of this Act, no new license or instructional permit shall be issued except in compliance with the provisions of this Act."

Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: "Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date."

Ga. L. 2017, p. 774, § 54(e)/HB 323, not codified by the General Assembly, provides: "In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2017 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict." Accordingly, the amendment to subsection (b) of this Code section by Ga. L. 2017, p. 774, § 40/HB 323, was not given effect.

Administrative Rules and Regulations.

- Regular studies, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Student Support, Rule 160-4-8-.14.

Law reviews.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 203 (1997). For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 205 (2001).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1910, p. 93, § 9, Ga. L. 1921, p. 255, § 6, and former Code 1933, § 68-307 are included in the annotations for this Code section.

Constitutionality.

- Driver's equal protection challenge to O.C.G.A. § 40-5-22(c)(2) failed as the statute did not create a suspect class or impact a fundamental right and there was a rational basis to create a class of driver's license applicants whose out-of-state licenses were suspended or revoked; the classification bore a direct relation to the strong governmental interests in protecting the public from drivers whose licenses had been revoked for driving under the influence and in preventing license shopping by nonresidents with revoked out-of-state licenses. Roberts v. Burgess, 279 Ga. 486, 614 S.E.2d 25 (2005).

Driver's equal protection challenge to O.C.G.A. § 40-5-22(c)(7) failed because when a driver applied for a Florida license, the driver voluntarily subjected oneself to that state's laws relating to the issuance of licenses; Florida validly suspended the driver's license and neither Georgia nor Florida was precluded from taking into account offenses that occurred in another state in deciding whether to issue or revoke an already issued operator's license. Roberts v. Burgess, 279 Ga. 486, 614 S.E.2d 25 (2005).

Operation of motor vehicle by minor under 16.

- It was unlawful for a minor under 16 years of age to operate a motor vehicle upon the highways of this state, whether the owner was accompanied by the owner of the machine or not, and regardless of experience. Western & A.R.R. v. Reed, 35 Ga. App. 538, 134 S.E. 134, cert. denied, 35 Ga. App. 808, S.E. (1926) (decided under Ga. L. 1921, p. 255, § 6).

Rule only applicable to public streets or highways.

- While it is unlawful for a minor under 16 years of age to operate a motor vehicle upon the public highways, the rule is not applicable to roads which are not public streets or highways. Western & A.R.R. v. Reed, 35 Ga. App. 538, 134 S.E. 134, cert. denied, 35 Ga. App. 808, S.E. (1926) (decided under Ga. L. 1921, p. 255, § 6).

Employment of 18-year-old driver not negligence per se.

- Fact that defendant employed and used 18-year-old boy as driver was not negligence per se, inasmuch as persons 16 years of age or older and otherwise qualified are permitted to drive an automobile in this state. Carpenter v. Lyons, 78 Ga. App. 214, 50 S.E.2d 850 (1948) (decided under former Code 1933, § 68-307).

Revocation proper given revocation in foreign jurisdiction.

- Driver's Georgia driver's license was properly revoked under O.C.G.A. § 40-5-22(c)(7) as that section applied not only to the revocation of a physical driver's license issued by another state, but also to any privilege to drive in that state, and Illinois had revoked the driver's privilege to drive in that state. Wolfe v. Ga. Dep't of Driver Servs., 330 Ga. App. 552, 768 S.E.2d 528 (2015).

Cited in Bryan v. McClellan Enters., Inc., 191 Ga. App. 646, 382 S.E.2d 423 (1989).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 112 et seq.

C.J.S.

- 60 C.J.S., Motor Vehicles, §§ 331 et seq., 335 et seq.

ALR.

- Denial, suspension, or cancellation of driver's license because of physical disease or defect, 38 A.L.R.3d 452.

Statutory change of age of majority as affecting preexisting status or rights, 75 A.L.R.3d 228.

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

State's liability for improperly licensing negligent driver, 41 A.L.R.4th 111.

Validity, construction, application, and effect of statute requiring conditions, in addition to expiration of time, for reinstatement of suspended or revoked driver's license, 2 A.L.R.5th 725.

Cases Citing Georgia Code 40-5-22 From Courtlistener.com

Total Results: 1

Roberts v. Burgess

Court: Supreme Court of Georgia | Date Filed: 2005-04-26

Citation: 614 S.E.2d 25, 279 Ga. 486, 2005 Fulton County D. Rep. 1383, 2005 Ga. LEXIS 297

Snippet: case involves the constitutionality of OCGA § 40-5-22(c)(2) and (7). That statute provides, in pertinent