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2018 Georgia Code 43-13-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-13-5 Case Law from Google Scholar Amendments to OCGA 43-13-5

TITLE 43 PROFESSIONS AND BUSINESSES

Section 13. Instructors in Driver Training and Operators of Driver Training Schools, 43-13-1 through 43-13-11.

ARTICLE 4 DENTAL ASSISTANTS

43-13-5. Qualifications of driver training school instructors.

Every person who desires to qualify as an instructor for a driver training school or a commercial driver training school shall meet the following requirements:

  1. Be of good moral character;
  2. Present to the department evidence of credit in driver education and safety from an accredited college or university equivalent to credits in those subjects which are required of instructors in the public schools of this state or give satisfactory performance on a written, oral, performance, or combination examination administered by the department testing both knowledge of the field of driver education and skills necessary to instruct and impart driving skills and safety to students. The examination shall be administered quarterly or upon the written application of four or more prospective licensees. The examination fee shall be established by the commissioner of driver services;
  3. Be physically able to operate safely a motor vehicle and to instruct others in the operation of motor vehicles;
  4. Hold a valid driver's license;
  5. Pay to the department an application fee to be established by the commissioner of driver services;
  6. Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and
  7. Be a United States citizen, or if not a citizen, present federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law.

(Ga. L. 1968, p. 436, § 4; Ga. L. 1973, p. 259, § 1; Ga. L. 1994, p. 97, § 43; Ga. L. 2003, p. 796, § 14; Ga. L. 2006, p. 460, § 5/HB 1252; Ga. L. 2010, p. 932, § 29/HB 396.)

JUDICIAL DECISIONS

Educational requirements of Ga. L. 1968, p. 436, § 4 (see now O.C.G.A. § 43-13-5) are not unreasonable since to require commercial driving instructors to present evidence of educational credit in field of driver education and safety is reasonably related to ability to teach driving skills and to achievement of purpose of Ga. L. 1968, p. 436 (see now O.C.G.A. Ch. 13, T. 43). Milner v. Burson, 320 F. Supp. 706 (N.D. Ga. 1970).

Cited in Milner v. Burson, 470 F.2d 870 (5th Cir. 1972).

OPINIONS OF THE ATTORNEY GENERAL

Generally, "evidence of credit" insofar as colleges are concerned would be certified transcript from registrar or records office of college where credits are earned. 1968 Op. Att'y Gen. No. 68-278.

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