2016 Legislative Updates

DDS Legislative Update - 2016

HB 205

  • Creates an ignition interlock option for persons whose license is subject to an administrative suspension for driving under the influence.
  • Current administrative license suspension process would remain in place. Persons opting for the ignition interlock would be required to waive their right to an administrative hearing.
  • Changes to limited permit restrictions
  • Outlines provisions for IID limited permit
  • Provides for 1/5 DUI’s to be eligible for IID limited permit if subject to administrative license suspension
  • Also provides for 2/5 DUI’s to be eligible for IID limited permit after serving 120 days of suspension
  • Cannot obtain IID limited permit if exempted from IID requirement due to financial hardship
  • Makes it a misdemeanor to drive in violation of conditions of IID limited permit
  • O.C.G.A. § 40-5-64.1:
  • Prohibits issuance of IID limited permit to person:
    • Under 21 years of age;
    • Who is not currently licensed to operate a motor vehicle in this state;
    • Who currently holds a license to drive a commercial motor vehicle;
    • Whose driver's license is subject to an administrative suspension for involvement in a traffic accident resulting in injuries or fatalities; or
    • Whose driver's license is subject to a suspension, revocation, or cancellation for any reason other than as contemplated by O.C.G.A. § 40-5-64.1.
  • Effective date is July 1, 2017.

HB 767 (O.C.G.A. § 40-6-16)

  • Expands the move-over law to include stationary utility service vehicles.
  • Report as O.C.G.A. § 40-6-16(c)
  • Do not report any convictions under 40-6-16
  • Report violations involving emergency vehicle as 40-6-16(b)
  • Utility vehicles must be using cones or flashing lights
  • Utility service: natural gas, water, waste water, cable, telephone, or telecommunication services or utility poles, transmission structures, pipes, wires, fibers, cables, easements, rights of way, and associated infrastructure.
  • Maximum fine of $250 plus legal surcharges
  • Effective date is July 1, 2016.

HB 777 (O.C.G.A. § 40-6-165)

  • Would allow school bus drivers to use a cell phone in a manner similar to a two-way radio.
  • Allowed for communication between driver and school or public safety officials
  • Drivers must adhere to standards set forth in O.C.G.A. §40-6-241.2 regarding use of wireless telecommunications devices for CDL drivers:
    • Hands free,
    • Single button to initiate or terminate conversation,
    • Cannot reach for device and remove the seatbelt.
  • Effective date is July 1, 2016.

HB 806 (O.C.G.A. § 40-5-53)

  • Creates a statute of limitations on imposing suspensions for convictions reported ≥ 2 years after disposition date.
  • Need surrender and no reissuance of DL ≥ 2 years.
  • Does not apply to mandatory offenses (40-5-54) or DUI for HV purposes, or CDL disqualifications.
  • Effective January 1, 2017.

SB 320 (O.C.G.A. § 40-5-21(a)(2))

  • International Driving Permit (IDP) no longer required if a valid license from a foreign country is not in English.
  • LEO “may consult such person’s passport or visa to verify the validity of such license, if available.”
  • Effective January 1, 2017.

SB 367 (O.C.G.A. §§ 40-5-9, 40-5-75, 40-5-76)

  • Added two new types of accountability courts – operating under the influence (OUI) courts and family treatment courts.
  • O.C.G.A. § 40-5-9 creates a pauper's affidavit for reinstatement fees – if accepted, DDS shall reduce reinstatement fee(s) by 50%.
  • Pauper consideration determined by federal poverty guidelines
  • Authorizes DDS to reinstate, instanter, controlled substance suspensions imposed for violations prior to July 1, 2015.
  • Effective date is July 1, 2016.

VGCSA Update:

  • Do NOT submit any misdemeanor controlled substance convictions to the DDS

    • It does not matter the date of the offense

    • It does not matter if the offense was related to the operation of a motor vehicle

  • Only submit felony controlled substances convictions:

    • That involve the use of a motor vehicle,

    • For any offense other than felony possession.