Ga. Comp. R. & Regs. 125-2-4-.13

Current through Rules and Regulations filed through October 17, 2024

Rule 125-2-4-.13 - Drivers Licenses

(1) No state inmate shall be authorized or permitted to operate a motor vehicle or heavy equipment on the public roads or highways unless he (she) is currently licensed by the Department of Drivers Services to operate such vehicles.

(2) Inmate drivers shall be classified as either Trusty Drivers or Restricted Drivers. The two types of drivers shall be defined as follows and, at the minimum, supervised as indicated:

(a) A Trusty Driver shall be an inmate who has achieved Trusty status by meeting all requirements listed in Chapter 125-3-1-.02(6)(e) which defines that status; who is a fully qualified vehicle or equipment operator; and who has demonstrated by his attitude, adjustment and work habits that his status is valid. Such drivers, in the discretion of the Warden/Superintendent, may be assigned driving tasks which require occasional checks by supervisory personnel.

(b) A Restricted Driver, as a minimum, must have achieved a medium security classification. An inmate is not eligible if he (she) was originally under a death sentence, has been convicted of a sex offense, is known to currently be an alcoholic or a drug addict, has escaped twice, or has an unsatisfactory conduct record. Following licensing, a Restricted Driver may, at the discretion of the Warden/ Superintendent, be permitted to operate an appropriate vehicle while under constant supervision. If authorized by the Warden/ Superintendent, such supervision may include supervision by visual contact while the inmate is driving in a convoy situation.

(3) Any Warden or Superintendent wishing an inmate to be certified pursuant to O.C.G.A. § 40-5-21(7), as amended, must meet the following requirements:

(a) All driver's licenses and instructional permits previously issued to such inmate must be surrendered to the Department prior to the issuance of the inmate drivers certificate;

(b) No inmate shall be issued an inmate drivers certificate if such inmate is currently under a departmental or court imposed suspension, cancellation or revocation;

(c) The Warden or Superintendent of the institution requesting that an inmate be issued an inmate drivers certificate shall file with the Department a completed application form prior to the issuance of such certificate;

(d) Each inmate requesting such certificate must pass all examinations required by law for the particular class of certificate applied for.

(e) An inmate drivers certificate shall be valid for four (4) years or until such time as the inmate is transferred, paroled, pardoned or released from the institution which requested the issuance of such certificate, whichever period of time is shorter;

(f) The inmate certificate will also be cancellable at the request of the Warden or Superintendent of the penal institution which requested the inmate be issued the certificate designated in this Rule.

(g) The inmate certificate shall contain the following information:

GEORGIA DEPARTMENT OF DRIVER SERVICES

APPLICATION FOR INMATE DRIVERS CERTIFICATE

PART I--DRIVER INFORMATION: (Please Print)

NAME _________________ CURRENT GA. LIC.# _____

(Last) (First) (Middle)

DATE OF BIRTH ________ SOC. SEC. # ____________

NAME OF CORRECTIONAL INSTITUTION ___________

ADDRESS _____________________________________

(P.O. Box) (Street) (City) (State) (Zip Code)

SIGNATURE ___________________ DATE ___________

NOTE--Your driving record will be checked. If you are under suspension or revocation this certificate will not be issued. All licenses in your possession must be surrendered upon issuance of Inmate Certificate. Each inmate requesting such certificate must pass all examinations (vision, written, and driving) required by law for the particular class of certificate applied for, unless successfully completed within sixty (60) days prior to application.

PART II--CERTIFICATION BY WARDEN OR SUPERINTENDENT

I hereby certify the above named person to be an inmate of said Institution. I realize that I may cancel the certificate at any time. Further, I affirm that I will receive from the inmate and return to the Department of Driver Services such certificate upon the inmate's transfer, parole, pardon, or release.

SIGNED _______________________________________

TITLE ________________________________________

DATE ___________________

PART III--CANCELLATION OF INMATE DRIVER'S CERTIFICATE

NAME OF INMATE _______________________________

CERTIFICATE NUMBER __________________________

DATE OF BIRTH _______ SOC. SEC. # ___________

NAME OF CORRECTIONAL INSTITUTION _____________

ADDRESS _____________________________________

(P.O. Box) (Street) (City) (State) (Zip Code)

This will certify that the inmate named herein is no longer the holder of such driver's certificate issued on (Date) ________ due to: (Check one)

____ Cancellation

____ Parole

____ Transfer

____ Release

____ Pardon

____ Other (Specify)

Such certificate number ____________________ is enclosed.

SIGNED ______________________________________

TITLE _______________________________________

DATE ____________________

Mail this certification form and certificate to Department of Driver Services, P. O. Box 80447, Conyers, Georgia 30013.

(h) It shall be the responsibility of the Warden or Superintendent of the penal institution in which the inmate is incarcerated to secure the surrender of such certificate and return such certificate to the Department upon the inmate's transfer, parole, pardon or release.

(4) The Warden/Superintendent or his designated representative shall assure that the Inmate is fully aware of applicable legal and institutional restrictions concerning his (her) driving privilege.

(5) The institution shall maintain a record of all Special Operators Licenses issued to inmates at the institution. Renewals shall be accomplished as required.

(6) Offenders who participate in community employment programs who require an operators license shall obtain the license under the same conditions as a citizen of the community and shall be required to bear the expense of the license.

Ga. Comp. R. & Regs. R. 125-2-4-.13

Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-3-3, 42-5-24, 42-5-52, 42-5-53, 42-5-55, 42-10-2.

Rule entitled "Drivers Licenses" adopted as R. 415-2-4-.13. F. Nov. 14, 1984; eff. Dec. 4, 1984, renumbered as R. 125-2-4-.13 of same title. F. June 28, 1985; eff. July 20, 1985, as specified by the Agency.

Amended: F. Feb. 6, 2003; eff. Feb. 26, 2003.

Amended: F. Dec. 1, 2011; eff. Dec. 20, 2011.