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.