Title 40, Chapter 5, Section 22
( 40-5-22)
(a) 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 16 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 16 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. (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) equivalency
diploma, a special diploma, or a certificate of high school
completion, has permission of his or her parent or guardian to
withdraw from school, or has terminated his or her secondary
education and is enrolled in a postsecondary school or the records
of the department indicate that said applicant: (A) Is enrolled in and not under suspension from a public or
private school and satisfies relevant attendance requirements as
set forth in paragraph (2) of this subsection; or (B) Is enrolled in a home education program that satisfies the
requirements of all state laws governing such courses. (2) The department shall forthwith notify by certified mail or
statutory overnight delivery, return receipt requested, any minor
issued an instruction permit or driver's license in accordance
with this subsection other than a minor who has terminated his or
her secondary education and is enrolled in a postsecondary school
or who has permission of his or her parent or guardian to withdraw
from school that such minor's instruction permit or driver's
license is suspended subject to review as provided for in this
subsection if the records of the department indicate that such
minor: (A) Has dropped out of school without graduating and has
remained out of school for ten consecutive school days; (B) Has more than ten consecutive school days of unexcused
absences in any semester or combination of two consecutive
quarters; or (C) Has been suspended from school for: (i) Threatening, striking, or causing bodily harm to a teacher
or other school personnel; (ii) Possession or sale of drugs or alcohol on school
property; or (iii) Possession or use of a weapon on school property. For
purposes of this subparagraph, the term "weapon" shall not
include any part of an archeological or cultural exhibit
brought to school in connection with a school project. Notice given by certified mail or statutory overnight delivery
with return receipt requested mailed to the person's last known
address shall be prima-facie evidence that such person received
the required notice. The minor so notified may request in writing
a hearing within ten business days from the date of receipt of
notice. Within 30 days after receiving a written request for a
hearing, the department shall hold a hearing as provided for in
Chapter 13 of Title 50, the "Georgia Administrative Procedure
Act." After such hearing, the department shall sustain its order
of suspension or rescind such order. Appeal from such hearing
shall be in accordance with said chapter. If no hearing is
requested within the ten business days specified above, the right
to a hearing shall have been waived and the instruction permit or
driver's license of the minor shall remain suspended. The
suspension provided for in this paragraph shall be for a period to
end upon the date of such minor's eighteenth birthday, but such
minor's instruction permit or driver's license shall be reinstated
if the minor submits evidence satisfactory to the department that
he or she has resumed regular studies as determined by the State
Board of Education and qualifies for an instruction permit or
driver's license under the provisions of this subsection, upon
payment of a restoration fee of $50.00; provided, however, that
any instruction permit or driver's license suspended pursuant to
subparagraph (C) of this paragraph shall not be reinstated until
90 days after the effective date of the suspension of such permit
or license. (3) The State Board of Education and the commissioner of motor
vehicle safety are authorized to promulgate rules and regulations
to implement the provisions of this subsection. (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: (A) Has completed an approved driver education course in a
licensed private or public driver training school and in
addition a cumulative total of at least 20 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
(B) 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. (2) 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. (3) 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. (b) Notwithstanding the provisions of subsection (a) of this Code
section, any person 14 years of age 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 by such visually impaired parent or guardian whenever
operating a motor vehicle. (c) 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 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. |