GA Code § 40-5-147 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 5 - Drivers' Licenses|Article 7 - Commercial Drivers' Licenses|§ 40-5-147. Requirements for Issuance of License or Instruction Permit; Administration of Skills Test by Third Party; Waiver or Exemption; Disqualification and Notice

      Except as otherwise provided in Code Section 40-5-148, no person shall be issued a commercial driver's license unless that person:   Is a resident of this state;   Is at least 18 years of age;   Has completed a commercial driver training course which complies with 49 C.F.R. Parts 383 and 384;   Has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 C.F.R. Part 383, subparts G and H; and   Has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, in addition to any other requirements imposed by state law or federal regulation.     Any test required pursuant to this Code section shall be conducted by the department in English only.     The department may authorize a third party, including an agency of this or another state, an employer, a driver training school, or a public or private high school or a department, agency, or instrumentality of a local government, to administer the skills test specified by this Code section, provided that:   The test is the same which would otherwise be administered by the state;   The third party has entered into an agreement with the state which complies with the requirements set forth in 49 C.F.R. Part 383.75;   The third party complies with all other requirements set by the department by regulations; and   The third party possesses and maintains a surety bond in an amount to be set by the department through regulations. Such amount shall be sufficient to pay for retesting of drivers if required due to examiners engaging in fraudulent activities related to the skills test.     Only the department or the American Association of Motor Vehicle Administrators shall certify examiners to administer the road skills test specified by this Code section. Such certification shall include the performance of a national criminal history background check in accordance with Code Section 35-3-34.2 and the passage of an initial training course that provides the examiner with a fundamental understanding of the objectives of the skills test for driving a commercial vehicle. A certified examiner shall complete a refresher training course every four years in order to retain certification. Certification shall be revoked for any examiner who fails to complete the refresher course or any other examination deemed appropriate for certification by the department through rules or regulations.   No person who trains or instructs an applicant shall be eligible to administer the skills test required by this Code section to such applicant.     The department may waive the skills test specified in this Code section for a commercial driver's license applicant who meets the requirements of 49 C.F.R. Part 383.77.     A commercial driver's instruction permit may be issued to any individual who holds a valid noncommercial Class C license or has passed all required tests for the operation of a noncommercial Class C vehicle and is 18 years of age.   Before issuing a commercial driver's instruction permit, the department shall obtain the driving record of an applicant through the Commercial Driver's License Information System, through the National Driver Register (NDR), and from each state in which the applicant has been licensed.   An applicant for the commercial driver's instruction permit must pass the vision test and the knowledge and skills tests for the type of vehicle he or she intends to operate along with any knowledge and skills test required for any desired endorsements.   The commercial driver's instruction permit shall not be issued for a period to exceed 365 days. Upon the expiration of the 365 day term, the commercial driver's instruction permit holder shall upgrade to a commercial driver's license or submit a new application, pay the required fees, and retake the required knowledge and skills tests to obtain a commercial driver's instruction permit. The holder of a commercial driver's instruction permit may drive a commercial motor vehicle on a highway only when accompanied by the holder of a commercial driver's license valid for the class of vehicle being operated, along with all required endorsements and restrictions, who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.   The department shall issue a commercial driver's instruction permit to a qualified applicant prior to the issuance of any endorsement which requires the administration of a commercial driver's license skills test or prior to the removal of any restrictions.   No commercial driver's license shall be issued until an applicant has first obtained a commercial driver's instruction permit. No skills test required for the issuance of a commercial driver's license shall be given until 14 days have expired from the issuance of a commercial driver's instruction permit.       Commercial drivers' instruction permits may be issued with the endorsements and restrictions enumerated in 49 C.F.R. Part 383.153(b).   Commercial drivers' licenses may be issued with the endorsements and restrictions enumerated in 49 C.F.R. Part 383.153(a).       A commercial driver's license or commercial driver's instruction permit shall not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the person's driver's license or driving privilege is suspended, revoked, or canceled in this or any other licensing jurisdiction; nor may a driver's license be issued to a person who has a commercial driver's license issued by any other state unless the person first surrenders all driver's licenses issued by any other state, which shall be returned to the issuing state or states for cancellation.   The department shall obtain the driving record of any person who applies for a commercial driver's license or commercial driver's instruction permit from any other states in which he or she has been licensed or convicted. Upon receipt of conviction information for such a person, said convictions shall become part of the person's driving record in the State of Georgia as provided in Code Section 40-5-2. The department shall review each such person's prior driving record and impose any commercial driving disqualification to which such person is subject that was not imposed by another jurisdiction as required under federal law.       Any person who violates subsection (b) of Code Section 40-5-125 shall be disqualified from obtaining a commercial driver's license or commercial driver's instruction permit for a period of not less that 60 days.   Any person who violates subsection (c) of Code Section 40-5-125 shall be disqualified from driving a commercial motor vehicle and reapplying for a commercial driver's license or commercial driver's instruction permit for a period of not less than one year.   The department shall notify the holder of a commercial driver's license or commercial driver's instruction permit through first-class mail if the department suspects a person has committed a violation of subsection (b) or (c) of Code Section 40-5-125, but no conviction for such offenses has been entered, or if the department has received credible information that a person's examination results may have been compromised due to fraud by either the applicant or a third party. Such notice shall include a statement regarding the specific allegations of suspected fraud, including the identification of the credible source if applicable, and that such person is required to retake the skills test or knowledge test or both. Within 30 days of receiving notification from the department that retesting is necessary, the affected commercial driver's instruction permit holder or commercial driver's license holder shall make an appointment or otherwise schedule to take the next available test. If the commercial driver's instruction permit holder or commercial driver's license holder fails to make an appointment within 30 days, the department shall disqualify such person from obtaining a commercial driver's instruction permit or commercial driver's license. If the commercial driver's instruction permit holder or commercial driver's license holder either fails the knowledge or skills test or does not take the test, the department shall disqualify such person from obtaining a commercial driver's instruction permit or commercial driver's license. If a commercial driver's instruction permit holder or commercial driver's license holder has been disqualified from obtaining a commercial driver's instruction permit or commercial driver's license, he or she shall reapply for a commercial driver's instruction permit or commercial driver's license under department procedures applicable to all commercial driver's instruction permit and commercial driver's license applicants in order to operate a commercial motor vehicle.     The department is authorized to promulgate rules necessary to grant a waiver or exemption of the physical requirements for a commercial driver's license or a commercial driver's instruction permit in 49 C.F.R. Part 391, Subpart E; provided, however, that the person who is applying for a commercial driver's license or a commercial driver's instruction permit or who has previously been issued a commercial driver's license and who is granted the waiver or exemption shall only be authorized to drive a commercial motor vehicle in this state. Notwithstanding this subsection, the department shall not grant any type of waiver or exemption of said physical requirements unless such type of waiver or exemption has previously been granted by the Federal Motor Carrier Safety Administration.     (Code 1981, §40-5-147, enacted by Ga. L. 1989, p. 519, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 1991, p. 618, § 2; Ga. L. 2000, p. 951, § 5-53; Ga. L. 2006, p. 449, § 15/HB 1253; Ga. L. 2007, p. 117, § 3/HB 419; Ga. L. 2008, p. 171, § 9/HB 1111; Ga. L. 2015, p. 1370, § 3/HB 118; Ga. L. 2021, p. 347, § 1/HB 169; Ga. L. 2021, p. 403, § 8/HB 466.)    The 2021 amendments.  The first 2021 amendment, effective July 1, 2021, substituted the present provisions of paragraph (a)(1) for the former provisions, which read: "Except as provided in Code Section 40-5-148, no person may be issued a commercial driver's license unless that person is a resident of this state, is at least 18 years of age, has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 C.F.R. Part 383, subparts G and H, and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, in addition to any other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the department in English only."; and, in paragraph (c)(4), substituted "permit shall not be issued for a period to exceed 365 days" for "permit may not be issued for a period to exceed 180 days and may be renewed one time for an additional 180 days" in the first sentence, and substituted "365 day term," for "second 180 day term, if applicable," in the second sentence. The second 2021 amendment, effective July 1, 2021, rewrote paragraph (a)(2), which read: "The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution or a department, agency, or instrumentality of a local government, to administer the skills test specified by this Code section, provided that:". See Editor's notes for applicability.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1989, the word "Part" was capitalized in references to the Code of Federal Regulations throughout the Code section.   Pursuant to Code Section 28-9-5, in 2007, the second comma after " 'subparts G and H,' " in paragraph (a)(1) was deleted.   Editor's notes.   - Ga. L. 2021, p. 347, § 2/HB 169, not codified by the General Assembly, provides, in part, that the amendment by that Act shall apply to the issuance of any commercial driver's license on or after January 1, 2022.