Current through 2023-2024 Legislative Session Chapters 1-597, 604, 609, 612, 696, 697
Section 40-5-22 - Requirements for issuance of instruction permit or driver's license to person under 18 years of age; authority of department to issue or renew a driver's license, probationary license, limited driving permit, or ignition interlock device limited driving permit(a) 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 17 years of age, 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 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. 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 18 years of age.(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 state approved high school equivalency (HSE) 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 state approved high school equivalency (HSE) diploma, or the records of the department indicate that said applicant:(A) Is enrolled in and not under expulsion from a public or private school; or(B) Is enrolled in a home education program that satisfies the reporting requirements of all state laws governing such program. 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.
(2) 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.(3) The Technical College System of Georgia shall be responsible for compliance and noncompliance data for students pursuing a state approved high school equivalency (HSE) diploma.(a.2)(1) Except as otherwise provided in paragraph (2) of this subsection, 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 to a person under 18 years of age unless such person:(A) Is at least 16 years of age;(B) Has completed a driver education course;(C) Has completed an alcohol and drug course as prescribed in subsection (b) of Code Section 20-2-142; and(D) Has completed a cumulative total of at least 40 hours of other supervised driving experience, including at least six hours at night, 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; provided, however, that such affidavit shall not be required when behind-the-wheel training has been provided by a driver training school.(2) Any person under 18 years of age 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.(3) The commissioner shall by rule or regulation provide for the approval of courses from other states to satisfy the requirements of this Code section 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.(4) 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)(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.(c) 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.(d) 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.(e) 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.Amended by 2022 Ga. Laws 726,§ 7, eff. 7/1/2022.Amended by 2021 Ga. Laws 196,§ 3, eff. 7/1/2021.Amended by 2018 Ga. Laws 416,§ 2-9, eff. 7/1/2018.Amended by 2017 Ga. Laws 55,§ 2, eff. 7/1/2017.Amended by 2016 Ga. Laws 408,§ 2-1, eff. 7/1/2016.Amended by 2015 Ga. Laws 21,§ 4-8, eff. 7/1/2015.Amended by 2014 Ga. Laws 575,§ 2-13, eff. 7/1/2014.Amended by 2012 Ga. Laws 579,§; 2, eff. 1/1/2013.Amended by 2011 Ga. Laws 89,§; 2, eff. 1/1/2012.Amended by 2011 Ga. Laws 245,§; 40, eff. 5/13/2011.Amended by 2010 Ga. Laws 394,§; 1, eff. 7/1/2010.Amended by 2008 Ga. Laws 566,§; 1, eff. 7/1/2008.Amended by 2008 Ga. Laws 472,§; 6, eff. 7/1/2008.Amended by 2008 Ga. Laws 434,§; 2, eff. 1/1/2009.Amended by 2006 Ga. Laws 590,§; 2, eff. 7/1/2006.Amended by 2006 Ga. Laws 553,§; 3, eff. 4/21/2006.Amended by 2006 Ga. Laws 453,§; 40, eff. 4/14/2006.Amended by 2005 Ga. Laws 401,§; 3, eff. 5/10/2005.Amended by 2005 Ga. Laws 155,§; 22, eff. 7/1/2005.Amended by 2005 Ga. Laws 68,§; 17-4, eff. 7/1/2005.Amended by 2005 Ga. Laws 19,§; 40, eff. 4/7/2005.Amended by 2004 Ga. Laws 449, §; 21B, eff. 5/4/2004.Amended by 2001 Ga. Laws 30. See 2001 Ga. Laws 30, §; 4-1.