2014 Legislative Updates

HB 459

“Slow poke”

  • DDS will accept:
    • 40-6-184 – Impeding the Flow of Traffic
    • 40-6-184(a) – Speed Less than Minimum
    • 40-6-184(c) – Impeding the Flow of Traffic
  • 3 points will be assessed for this violation
  • Effective July 1, 2014

HB 753

- Improper Use of Controlled Access Road

  • DDS will accept:
    • 40-6-51
    • 40-6-51(a)(1)
    • 40-6-51(a)(2)
  • 3 points will be assessed for this violation
  • (d) outlines penalty:
    • $150 for failure to comply with (a)
    • $1,000 for failure to comply with (a) during a declared state of emergency for inclement weather conditions
    • Effective July 1, 2014

SB 298

- Georgia drivers must successfully complete an online driver’s license or permit issuance transaction (renewal, update, replacement or reinstatement) via www.dds.georgia.gov.

- The driver’s license status is automatically (real-time) updated on the DDS database and the Georgia Crime Information Center (GCIC) system.

- When the online transaction is complete, a DDS receipt will be available by email to print by the customer.

- This receipt may be presented to law enforcement personnel for a period of forty-five (45) days to meet the requirement of having a driver's license in the driver’s immediate possession while operating a motor vehicle pursuant to OCGA 40-5-29.

- The receipt displays relevant license information including the customer's current address. If the customer requested an address change, the new address is also displayed on the receipt.

- Law enforcement will confirm the driver’s status with DDS or GCIC as is the practice today.

- The customer will be instructed to carry this receipt until their license or permit arrives by mail in approximately two weeks.

- Not Guilty of Driving while Unlicensed (40-5-20) if Georgia driver's license has been expired for less than 31 days at the time of the offense and the driver produces in court a driver’s license that would have been valid at the time of the offense

- Change found in 40-5-20

- Effective July 1, 2014

SB 365

- Issuance of Limited Permits for or Reinstatement of Controlled Substance Convictions

- 1st scenario:

  • Controlled Substance conviction in a Drug Court, Mental Health Court, or Veteran’s Court (created by SB320) Program – See 40-5-76(a)
  • Judge can “order” the DDS to reinstate the CS suspension or issue a limited permit
  • Judge can determine what fee, if any, the defendant will pay to the DDS for reinstatement or the permit
  • Currently in effect (veteran’s court becomes effective on July 1, 2014)

- Issuance of Limited Permits for or Reinstatement of Controlled Substance Convictions

- 2nd scenario:

  • Controlled Substance conviction in any level of court – See 40-5-76(b)
  • Judge can “order” the DDS to reinstate the CS suspension or issue a limited permit ONLY IF the controlled substance offense did NOT directly relate to the operation of a motor vehicle
  • Judge can determine what fee, if any, the defendant will pay to the DDS for reinstatement or the permit
  • Effective July 1, 2014