O.C.G.A. § 40-5-23 (2019)
Classes of licenses
(a) The department upon issuing a driver’s license shall indicate thereon the type or general class of vehicles that the licensee may drive. (b) Subject to this chapter, the commissioner shall establish by rules and regulations such qualifications, including but not limited to, training, experience, or educational prerequisites, as he or she believes are necessary for the safe operation of the various types, sizes, or combinations of vehicles and shall appropriately examine each applicant to determine his or her qualification according to the type or general class of license applied for. (c) The noncommercial classes of motor vehicles for which operators may be licensed shall be as follows: (1) Class C: (A) Any single vehicle with a gross vehicle weight rating not in
MOTOR VEHICLES & TRAFFIC
excess of 26,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, or any such vehicle towing a vehicle with a gross vehicle weight rating in excess of 10,000 pounds, provided that any combination of vehicles set forth in this subparagraph has a gross combined vehicle weight rating not in excess of 26,000 pounds; (B) Any three-wheeled motor vehicle that is equipped with a steering wheel for directional control; and (C) Any self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance regardless of the gross vehicle weight rating or combined gross vehicle weight rating; (2) Class D: Provisional license applicable to noncommercial Class C vehicles for which an applicant desires a driver’s license but is not presently licensed to drive; (3) Class E: Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided that the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds and the vehicle or vehicles are operated by a farmer to transport agricultural products, livestock, farm machinery, or farm supplies to or from a farm and are not used in the operations of a common or contract carrier; (4) Class F: Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more or any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds; (5) Class M: Motorcycles, motor driven cycles, and three-wheeled motorcycles equipped with handlebars for directional control; and (6) Class P: Instruction permit applicable to all types of vehicles for which an applicant desires a driver’s license but is not presently licensed to drive. (d) Any applicant for a Class E or Class F license shall possess a valid Georgia driver’s license for Class C vehicles. A license issued pursuant to this Code section shall not be a commercial driver’s license.
History
Code 1933, § 68B-204, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1984, p. 1329, § 1A; Ga. L. 1989, p. 519, § 7; Ga. L. 1990, p. 2048, § 4; Ga. L. 1997, p. 760, § 11; Ga. L. 2000, p. 951, § 5-7; Ga. L. 2005, p. 854, § 1/SB 273; Ga. L. 2006, p. 504, § 1/HB
1392; Ga. L. 2007, p. 47, § 40/SB 103; Ga. L. 2010, p. 932, § 5/HB 396; Ga. L. 2017, p. 184, § 2A/HB 136; Ga. L. 2024, p. 560, § 6/HB 926, effective May 2, 2024. Amendments. The 2024 amendment, effective May 2, 2024, rewrote subsection (c) and substi-
tuted “shall” for “must” in the first sentence in subsection (d).
Annotations
Cross references. License requirement for operators of ambulance services, § 31-11-30 et seq. 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, not codified by the General Assembly, 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. Ga. L. 2005, p. 854, § 3/SB 273, not codified by the General Assembly, provides that the 2005 amendment applies to offenses occurring on or after July 1, 2005. Ga. L. 2024, p. 560, § 1/HB 926, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Second Chance Workforce Act.’” Law reviews. For article commenting on the 1997 amendment of this Code section, see 14 Georgia St. U.L. Rev. 203 (1997).
JUDICIAL DECISIONS Evidence sufficient to indicate need for former Class 3 license. - Evidence that a school bus carried approximately 60 students on the day the driver was arrested was sufficient circumstantial evidence to authorize a conclusion that
the school bus required an operator possessing a Class 3 license. Griggs v. State, 167 Ga. App. 581, 307 S.E.2d 75, 1983 Ga. App. LEXIS 3337 (1983) (decided prior to the 1989 amendment, which rewrote subsection (c)).
OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 92A-401 are included in the annotations for this Code section. Person or business entity must comply with Driver Training School
License Act if the person of entity prepares applicant for license examination required for a former class three, four, or five license. 1974 Op. Att’y Gen. No. 74-101 (decided under former Code 1933, § 92A-401).
RESEARCH REFERENCES Am. Jur. 2d. 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 108 et seq.