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2018 Georgia Code 40-5-26 | Car Wreck Lawyer

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

40-5-26. Applications of minors; revocation request of minor's instruction permit or license; distinctive licenses for persons under 21.

    1. The application of any person under the age of 18 years for an instruction permit or driver's license shall be:
      1. Signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult; or
      2. Signed and verified by a licensed driver training instructor before a person authorized to administer oaths when such instructor is acting as an agent for such purposes on behalf of the father, mother, or guardian of the applicant and such agency is evidenced by permission of such parent or guardian which has been granted in writing and signed and verified by such parent or guardian before a person authorized to administer oaths and on such form as shall be prescribed by rule or regulation of the department.
      1. A person who signed and verified a minor's successful application for an instruction permit or driver's license may subsequently during such minority request revocation of the minor's instruction permit or driver's license by written notice to the department on such form as specified thereby, signed and verified before a person authorized to administer oaths.If the request for revocation is submitted by a licensed driver training instructor acting as an agent on behalf of the father, mother, or guardian of the applicant, such agency must be evidenced by permission for the revocation of such parent or guardian which has been granted in writing and signed and verified by such parent or guardian before a person authorized to administer oaths.Upon receipt of such request and payment of a fee in an amount equivalent to that which was required for issuance of the instruction permit or driver's license, and after a mandatory three business day waiting period, during which the request for revocation may be withdrawn but the fee shall not be returned, the department shall revoke the minor's instruction permit or driver's license.
      2. A minor whose instruction permit or driver's license has been revoked under this paragraph shall not be eligible for issuance of another instruction permit or driver's license until he or she reaches 18 years of age, unless consent for issuance of an instruction permit or driver's license has been granted as provided by subparagraphs (A) and (B) of paragraph (1) of this subsection upon application of the minor made not sooner than three months after the effective date of revocation.
      3. The provisions of Code Section 40-5-62 shall not apply to a person whose instruction permit or driver's license has been revoked under this paragraph.
      4. A revocation of a minor's instruction permit or driver's license under this paragraph shall not be deemed a revocation for purposes of any increase in insurance rates or cancellation of any policy of motor vehicle insurance for which the minor is not the sole named insured, but such a policy may be amended so as to remove such minor from the list of named insureds under such policy.
  1. The department shall, by rule and regulation, provide that all licenses issued to applicants under 21 years of age shall be so designed as to be readily distinguishable from all other licenses issued to other applicants. After having attained 21 years of age, the holder of any such distinctive license may obtain a new license which shall not be distinctive. Such new license shall be obtained in the same manner and under the same conditions and limitations as are provided in Code Section 40-5-32, relating to renewals of licenses.

(Ga. L. 1937, p. 322, art. 4, § 3; Ga. L. 1951, p. 597, § 2; Ga. L. 1953, Nov.-Dec. Sess., p. 339, §§ 1-3; Ga. L. 1957, p. 103, § 3; Code 1933, § 68B-207, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1976, p. 1421, § 1; Ga. L. 1982, p. 1862, § 1; Ga. L. 1983, p. 819, § 2; Ga. L. 1984, p. 1070, § 1; Ga. L. 1985, p. 758, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 2004, p. 749, § 3; Ga. L. 2005, p. 1461, § 5/SB 226.)

Editor's notes.

- Ga. L. 2005, p. 1461, § 7/SB 226, provides that the 2005 amendment becomes effective 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."

RESEARCH REFERENCES

C.J.S.

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

ALR.

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

Construction and effect of statutes which make parent, custodian, or other person signing minor's application for vehicle operator's license liable for licensee's negligence or willful misconduct, 45 A.L.R.4th 87.

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