(See Editor's notes.) Instruction Permits; Graduated Licensing and Related Restrictions; Temporary Licenses

  1. Law
  2. Georgia Code
  3. Motor Vehicles and Traffic
  4. Drivers' Licenses
  5. Issuance, Expiration, and Renewal of Licenses
  6. (See Editor's notes.) Instruction Permits; Graduated Licensing and Related Restrictions; Temporary Licenses

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      1. Any resident of this state who is at least 15 years of age may apply to the department for an instruction permit to operate a noncommercial Class C vehicle. The department shall, after the applicant has successfully passed all parts of the examination referred to in Code Section 40-5-27 other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a Class C vehicle upon the public highways for a period of two years when accompanied 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 subparagraph (A) of this paragraph, any person holding a valid Class C instruction permit may drive a Class C motor vehicle when accompanied by a disabled parent or guardian who has been issued an identification card containing the international handicapped symbol pursuant to Article 8 of this chapter.
    2. A person who has been issued an instruction permit under this subsection and has never been issued a Class D driver's license under subsection (b) of this Code section will become eligible for a Class D driver's license under subsection (b) of this Code section only if such person is at least 17 years of age, has a valid instruction permit which is not under suspension, and, for a period of not less than 12 consecutive months prior to making application for a Class D driver's license, has not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57; provided, however, that a person who is at least 16 years of age and meets all of the other qualifications of this paragraph except for age who has completed an approved driver education training course as provided in subsection (a.2) of Code Section 40-5-22 will be eligible for a Class D driver's license.
    3. This subsection does not apply to instruction permits for the operation of motorcycles.
    1. Any resident of this state who is at least 17 years of age and who, for a period of at least 12 months, had a valid instruction permit issued under subsection (a) of this Code section may apply to the department for a Class D driver's license to operate a noncommercial Class C vehicle if such resident has otherwise complied with all prerequisites for the issuance of such Class D driver's license as provided in subsection (a) of this Code section, provided that a resident at least 17 years of age who has at any age surrendered to the department a valid instruction permit or driver's license issued by another state or the District of Columbia or who has submitted to the department proof, to the satisfaction of the department, of a valid instruction permit or driver's license issued by another state or the District of Columbia may apply his or her driving record under such previously issued permit or driver's license toward meeting the eligibility requirements for a Class D driver's license the same as if such previously issued permit or driver's license were an instruction permit issued under subsection (a) of this Code section; provided, however, that a person who is at least 16 years of age and meets all of the other qualifications of this paragraph except for age who has completed an approved driver education training course as provided in subsection (a.2) of Code Section 40-5-22 may apply for a Class D driver's license.
    2. The department shall, after all applicable requirements have been met, issue to the applicant a Class D driver's license which shall entitle the applicant, while having such license in his or her immediate possession, to drive a Class C vehicle upon the public highways of this state under the following conditions:
      1. Any Class D license holder shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 12:00 Midnight and 5:00 A.M. eastern standard time or eastern daylight time, whichever is applicable; and
        1. Any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than three other passengers in the vehicle who are not members of the driver's immediate family are less than 21 years of age.
        2. During the six-month period immediately following issuance of such license, any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when any other passenger in the vehicle is not a member of the driver's immediate family.
        3. Notwithstanding the provisions of division (i) of this subparagraph, during the second six-month period immediately following issuance of such license, any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than one other passenger in the vehicle who is not a member of the driver's immediate family is less than 21 years of age;

        provided, however, that a Class D license holder shall not be charged with a violation of this paragraph alone but may be charged with violating this paragraph in addition to any other traffic offense.

      3. For purposes of this paragraph, the term "immediate family" shall include the license holder's parents and step-parents, grandparents, siblings and step-siblings, children, and any other person who resides at the license holder's residence.
    3. A person who has been issued a Class D driver's license under this subsection and has never been issued a Class C driver's license under this chapter will become eligible for a Class C driver's license under this chapter only if such person has a valid Class D driver's license which is not under suspension and, for a period of not less than 12 consecutive months prior to making application for a Class C driver's license, has not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57 and is at least 18 years of age.
  3. Any resident of this state who is at least 17 years of age may apply to the department for a noncommercial Class M motorcycle instruction permit.The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a motorcycle or a motor driven cycle upon the public highways for a period of six months; provided, however, that a person who is at least 16 years of age and meets all of the other qualifications of this subsection except for age who has completed an approved driver education training course as provided in subsection (a.2) of Code Section 40-5-22 may apply for a Class M motorcycle instruction permit.A motorcycle instruction permit shall not be valid when carrying passengers, on a limited access highway, or at night.
  4. Any resident of this state who is at least 18 years of age may apply to the department for an instruction permit to operate noncommercial vehicles in Classes E and F. Such permits may be issued only to persons with valid commercial or noncommercial Class C licenses or persons who have passed all required tests for a commercial or noncommercial Class C license. The department shall, after the applicant has successfully passed all parts of the appropriate examination other than the skill and driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having the permit in his or her immediate possession, to operate a vehicle of the appropriate noncommercial class upon the public highways for a period of 12 months when accompanied by a licensed driver, qualified in the vehicle being operated, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver as an instructor. Prior to being issued a driver's license for Classes E and F, the applicant shall pass a knowledge and skill test for driving a Class E or F vehicle as provided by the commissioner.
  5. The department shall issue a temporary driver's permit to an applicant for a driver's license permitting him or her to operate a specified type or class of motor vehicle while the department is completing its investigation and determination of all facts relative to such applicant's eligibility to receive a driver's license. Such permit must be in his or her immediate possession while operating a motor vehicle, and it shall be invalid when the applicant's license has been issued or for good cause has been refused. Such permit shall be valid for no more than 45 days. When a license has been refused, the permit shall be returned to the department within ten days of receipt of written notice of refusal.
  6. For the purposes of this Code section, the term "approved driver education training course" shall include those driver education training courses approved by the Department of Driver Services.

(Ga. L. 1937, p. 322, art. 4, § 3; Ga. L. 1943, p. 196, § 5; Ga. L. 1951, p. 598, § 2; Ga. L. 1957, p. 103, § 3; Ga. L. 1958, p. 268, § 1; Ga. L. 1959, p. 318, § 1; Code 1933, § 68B-205, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1985, p. 149, § 40; Ga. L. 1989, p. 519, § 8; Ga. L. 1990, p. 1241, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 1994, p. 514, § 2; Ga. L. 1997, p. 760, § 12; Ga. L. 1998, p. 3, § 1; Ga. L. 2001, p. 184, § 1-2; Ga. L. 2005, p. 1461, § 4/SB 226; Ga. L. 2006, p. 343, § 3/SB 637; Ga. L. 2010, p. 199, § 2/HB 258; Ga. L. 2010, p. 932, § 6/HB 396; Ga. L. 2011, p. 355, § 3/HB 269; Ga. L. 2014, p. 409, § 5/SB 392; Ga. L. 2017, p. 774, § 40/HB 323.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "instruction permit" for "instructional permit" in subparagraph (a)(1)(B).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2001, "; and" was substituted for a period at the end of subparagraph (b)(2)(A) and a period was substituted for "; and" in division (b)(2)(B)(i).

Editor's notes.

- Ga. L. 1997, p. 760, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Teen-age and Adult Driver Responsibility Act'."

Ga. L. 1997, p. 760, § 27, not codified by the General Assembly, provides that the amendment made by the Act to this Code section shall apply to offenses committed on or after July 1, 1997, and shall not apply to offenses committed prior to that date.

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."

Ga. L. 2005, p. 1461, § 7/SB 226, provides that the 2005 amendment, as amended by Ga. L. 2006, p. 343, § 3/SB 637, becomes effective on January 1, 2007, subject to available funds. Funds were appropriated at the 2006 session of the General Assembly.

For application of this statute in 2020, see Executive Orders 04.23.20.02 and 05.12.20.01.

A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.

Administrative Rules and Regulations.

- Drivers licenses, Official Compilation of the Rules and Regulations of the State of Georgia, Board of Corrections, Departmental Operations, Offender Administration, § 125-2-4-.13.

Law reviews.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 203 (1997). For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 205 (2001).

JUDICIAL DECISIONS

Undocumented aliens.

- Statutes barring illegal aliens residing in Georgia from obtaining a Georgia driver's license do not deprive the illegal aliens of equal protection of the laws in violation of the Fourteenth Amendment. John Doe No. 1 v. Ga. Dep't of Pub. Safety, 147 F. Supp. 2d 1369 (N.D. Ga. 2001).

Cited in Spivey v. Sellers, 185 Ga. App. 241, 363 S.E.2d 856 (1987); Safeway Ins. Co. v. Holmes, 194 Ga. App. 160, 390 S.E.2d 52 (1990); In the Interest of W.N.J., 268 Ga. App. 637, 602 S.E.2d 173 (2004); Partain v. Oconee County, 293 Ga. App. 320, 667 S.E.2d 132 (2008).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 92A-401 are included in the annotations for this Code section.

Instructor not exempted by fact student holds license of other class.

- Fact that a student holds a valid license of a class other than the one for which the student is receiving instructions in no way exempts the instructing person or business from the requirements of this chapter. 1974 Op. Att'y Gen. No. 74-101 (decided under former Code 1933, § 92A-401(b)).

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.


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