GA Code § 43-13-2 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 13 - Instructors in Driver Training and Operators of Driver Training Schools|§ 43-13-2. Definitions

  As used in this chapter, the term:   "Commercial driver training school," except as provided in subsection (b) of this Code section, means any person, partnership, limited liability company, or corporation giving driving instruction for hire to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class A or Class B motor vehicles in this state.   "Department" means the Department of Driver Services acting directly or through its duly authorized officers and agents.   "Driver training course" means instruction for the purpose of assisting persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state and which may be offered through in-person instruction, online courses, or remote participation platforms.   "Driver training school," except as provided in subsection (b) of this Code section, means any person, partnership, limited liability company, or corporation giving driving instruction for hire to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state, except for motorcycle operator safety training programs conducted by or on behalf of the Department of Driver Services pursuant to Chapter 15 of Title 40. The term shall also include any public school system offering a driver training course during the regular school day as part of a student curriculum at no cost to the student.   "Driver's license examiners" means examiners appointed by the Department of Driver Services for the purpose of giving driver's license examinations.   "Motor vehicle" means every vehicle which is self-propelled upon, or by which any person or property is or may be transported or drawn upon, a public highway except devices used exclusively upon stationary rails or tracks.   "Person" means every natural person, firm, partnership, limited liability company, association, corporation, or school.     The terms "commercial driver training school" as defined in paragraph (2) of subsection (a) of this Code section and "driver training school" as defined in paragraph (4) of subsection (a) of this Code section shall not include:   Hospitals and state licensed rehabilitation centers offering a driver training course for the purpose of rehabilitating persons to maintain or obtain a Class C license; provided, however, that such facilities shall be required to file a memorandum of understanding with the commissioner of driver services in the prescribed format of the department;   Any person, partnership, limited liability company, or corporation offering a for-hire defensive driving safety course for the purpose of providing training to assist persons to obtain a Class C or Class M license through means of behind-the-wheel training, simulator training, or offering a defensive driving safety course consisting of less than 30 hours of classroom and six hours of behind-the-wheel training. These entities shall be required to obtain a limited license as a driver training school, register and identify all of its vehicles, and shall become subject to the same insurance requirements for a driver training school as outlined in Code Section 43-13-4. Limited driver training schools offering classroom or simulator training only will not be required to comply with the liability insurance requirements outlined in Code Section 43-13-4. The commissioner of driver services shall promulgate and adopt rules and regulations for the qualifications and establish the application fees for the driver training school limited license. The commissioner shall issue the driver training school limited license if the application is complete and the applicant demonstrates compliance with the laws of this state and the rules and regulations of the commissioner regarding insurance and safety. The driver training school limited license shall be valid for a period of four years; or   Any person, partnership, limited liability company, or corporation which offers occasional driver training instruction. These entities may obtain a temporary driver training permit for a period of seven consecutive days beginning and ending on the dates specified on the face of the permit. Temporary driver training permits shall be obtained by schools, individuals, or other entities which offer occasional driver training instruction that do not maintain a permanent classroom located within the state. The fee for each temporary driver training permit shall be $100.00 per week and $25.00 for each vehicle. No temporary driver training permit shall be issued without the commissioner of driver services having first received satisfactory proof that the applicant meets the insurance requirements as defined in Code Section 43-13-4 and the vehicle and safety requirements as set forth in the rules and regulations of the commissioner. A temporary driver training permit shall be displayed in a conspicuous location at any time instruction is being given and a copy of such permit shall be located in each vehicle that is registered for the purpose of providing instruction.      (Ga. L. 1968, p. 436, § 1; Ga. L. 1993, p. 123, § 27; Ga. L. 2000, p. 951, § 12-7; Ga. L. 2003, p. 796, § 10; Ga. L. 2005, p. 60, § 43/HB 95; Ga. L. 2005, p. 334, § 25-1/HB 501; Ga. L. 2006, p. 460, § 1/HB 1252; Ga. L. 2021, p. 403, § 9/HB 466.)    The 2021 amendment,  effective July 1, 2021, rewrote paragraph (a)(3), which read: " 'Driver training course' means a course including but not limited to classroom instruction; behind-the-wheel instruction; instruction by means of simulation training; and defensive driving, distance learning, or virtual driver training courses approved by the Department of Driver Services for the purpose of assisting persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state."   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2006, "commissioner of driver services" was substituted for "commissioner of the Department of Driver Services" in paragraphs (b)(1) and (b)(2) and "commissioner of driver services having first" was substituted for "commissioner having first" in paragraph (b)(3).   JUDICIAL DECISIONS    Cited in  Milner v. Burson, 320 F. Supp. 706 (N.D. Ga. 1970); Milner v. Burson, 470 F.2d 870 (5th Cir. 1972).