GA Code § 40-5-27 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 5 - Drivers' Licenses|Article 2 - Issuance, Expiration, and Renewal of Licenses|§ 40-5-27. (See Editor's notes.) Examination of Applicants

    The department shall examine every applicant for a driver's license, except as otherwise provided in this Code section. Such examination shall include a test of the applicant's eyesight, his or her ability to understand official traffic-control devices, and his or her knowledge of safe driving practices and the traffic laws of this state and shall also include a comprehensive on-the-road driving test during which the applicant shall be required to fully demonstrate his or her ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive.   The on-the-road driving test requirement shall not apply to any applicant for a Class C driver's license who holds a Class D driver's license issued on or after January 1, 2002.   Neither the on-the-road driving test nor the knowledge test shall apply to:   An applicant 18 years of age and older with a valid and current license, or a license that has been expired for less than two years, issued by another state of the United States or the District of Columbia; or   An applicant who is a citizen of a foreign country or political subdivision of a foreign country with which the commissioner has entered into a reciprocal agreement pursuant to subsection (c) of Code Section 40-5-5.     The examination may also include such further physical and mental examination as the department finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license.     The department shall make provision for giving an examination either in the county where the applicant resides or at another place reasonably convenient to the applicant.The examination, with the exception of those required for a commercial driver's license, commercial driver's license permit, or noncommercial Class A, B, or M license, shall be given at least once each month in each county of the state.     Except as provided in paragraphs (2), (3), and (4) of this subsection, no noncommercial driver's license shall be issued to any person who does not have a visual acuity of 20/60, corrected or uncorrected, in at least one eye or better and a horizontal field of vision with both eyes open of at least 140 degrees or, in the event that one eye only has usable vision, horizontal field of vision must be at least 70 degrees temporally and 50 degrees nasally.   A person whose visual acuity is less than 20/60 but better than 20/200 using spectacles, contact lenses, or the carrier portion of bioptic spectacles shall be considered eligible for a driver's license if the person is not otherwise disqualified from having a driver's license under the provisions of this article and if:   The person can attain a visual acuity of at least 20/60 through utilizing bioptic telescopes;   The telescopes are prescribed by a licensed optometrist or ophthalmologist;   The person presents documentation of having satisfactorily completed training in the use of the bioptic telescope as certified by the prescribing doctor;   The person presents documentation of an on-the-road evaluation and having satisfactorily completed any recommended training in driving while using bioptic telescopes from a certified driver's license examiner;   The person completes a standard driver's education course while using the bioptic telescopes subsequent to completing evaluation or training with a driver's license examiner; and   The person presents said documentation to a department operated test site and passes a driver's test examination administered by the department.     A person who is licensed to drive using bioptic telescopes shall be subject to possible restrictions placed on his or her license as determined and recommended by the prescribing optometrist or ophthalmologist or the driver's license examiner.Any recommended restrictions shall be reported to the department in writing at the time the person presents himself or herself for a driver's test examination. Restrictions may include daylight driving only, outside rearview mirrors, certain area and time restrictions, no interstate driving, yearly reevaluations by an optometrist or ophthalmologist, and other such restrictions.Any restrictions shall be eligible for review and reconsideration after one year by completing all of the steps described in subparagraphs (A) through (F) of paragraph (2) of this subsection, including completing any additional possible testing under special conditions, as determined by the optometrist or ophthalmologist.   The user of a bioptic telescope shall require renewal of his or her license every four years. However, the person must be reevaluated at least biennially by an optometrist or ophthalmologist. A certification by the optometrist or ophthalmologist that the user's visual acuity, visual field, and eye health remain stable shall be presented to the department at the time of the biennial eye examination. In the event that changes in vision are determined, the person's license shall expire and the person must successfully repeat all of the steps described in subparagraphs (A) through (F) of paragraph (2) of this subsection in order to have his or her license reinstated. If no significant changes occur in the user's vision at the second biennial examination in a license renewal cycle, the user's license shall be renewed without the necessity of a road test examination or any further eyesight examination.     The department shall authorize driver training schools qualified pursuant to the provisions of this subsection to conduct knowledge tests, on-the-road driving tests, and other tests required for issuance of a driver's license; provided that any driver training school authorized to conduct such tests shall continue to provide driver education training courses on a full-time basis during any period of time such school is authorized to conduct testing.   The department shall authorize a driver training school which has been licensed for a minimum of two years and conducted driver education training courses on a full-time basis for at least two years to administer the on-the-road driving testing provided for in this Code section, provided that:   An applicant under 18 years of age has successfully completed:   A driver education training course which includes a minimum of 30 class hours of instruction; and   Six hours of private in-car instruction provided by a licensed instructor employed by the driver training school administering such on-the-road driving test.     An applicant 18 years of age or older has successfully completed a minimum of six hours of private in-car instruction provided by a licensed instructor employed by the driver training school administering such on-the-road driving test.     The department shall authorize a driver training school which has administered the on-the-road driving test as provided for in subparagraph (A) of paragraph (1) of this subsection for five years or more to administer the on-the road driving test to any applicant 17 years of age or older; provided, however that any driver training school which had administered the on-the-road driving test as provided for in subparagraph (A) of paragraph (1) of this subsection for at least two years on January 1, 2021, shall be authorized to administer the on-the road driving test to any applicant 17 years of age or older.   The department may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any Class P instruction permit, Class C driver's license, or Class D driver's license under this Code section.   The department may authorize public and private high schools to conduct knowledge tests required for issuance of a Class P instruction permit or Class D driver's license or both.      (Ga. L. 1937, p. 322, art. 4, § 4; Ga. L. 1951, p. 598, § 3; Code 1933, § 68B-208, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1989, p. 519, § 10; Ga. L. 1990, p. 2048, § 4; Ga. L. 1992, p. 3311, § 2; Ga. L. 1996, p. 1250, § 3; Ga. L. 1997, p. 760, § 14; Ga. L. 2001, p. 184, § 1-3; Ga. L. 2004, p. 749, § 4; Ga. L. 2005, p. 334, § 17-7/HB 501; Ga. L. 2005, p. 525, § 1/HB 613; Ga. L. 2011, p. 752, § 40/HB 142; Ga. L. 2013, p. 281, § 2/HB 475; Ga. L. 2014, p. 710, § 1-7/SB 298; Ga. L. 2015, p. 60, § 4-11/SB 100; Ga. L. 2017, p. 774, § 40/HB 323; Ga. L. 2019, p. 461, § 1/SB 212; Ga. L. 2020, p. 199, § 2-4/HB 463; Ga. L. 2021, p. 403, § 6/HB 466.)    The 2017 amendment,  effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "instruction permit" for "instructional permit" in the last sentence of paragraph (d)(1) and near the end of paragraph (d)(2).    The 2019 amendment,  effective January 1, 2020, added a colon at the end of paragraph (d)(1); added the division (d)(1)(A)(i) designation; substituted "A classroom or online driver training course licensed by the department and which includes a minimum of 30 class hours of instruction; and" for "a driver training course which includes a minimum of 30 class hours of instruction and six hours of private in-car training" in division (d)(1)(A)(i); added division (d)(1)(A)(ii) and subparagraph (d)(1)(B); designated the former last sentence of paragraph (d)(1) as paragraph (d)(2); and redesignated former paragraph (d)(2) as present paragraph (d)(3).    The 2020 amendment,  effective June 30, 2020, inserted "or political subdivision of a foreign country" in subparagraph (a)(3)(B).    The 2021 amendment,  effective July 1, 2021, rewrote subsection (d), which read: "(d)(1) The department shall authorize licensed driver training schools to conduct knowledge tests, on-the-road driving skills tests, and other tests required for issuance of a driver's license as provided in this subsection. The department shall, prior to approving a licensed driver training school to conduct tests as provided in this subsection, make a determination that the school has been licensed for a minimum of two years and has conducted driver education courses on a full-time basis for such two-year period and that such school meets all other standards which the department may establish as a condition for approval to conduct such tests. The department shall authorize a driver training school licensed pursuant to Chapter 13 of Title 43 and approved by the department to administer the on-the-road driving skills testing provided for in this Code section, provided that the applicant has successfully completed:   "(A)(i) A classroom or online driver training course licensed by the department and which includes a minimum of 30 class hours of instruction; and   "(ii) Six hours of private in-car instruction provided by a licensed instructor employed by the licensed driver training school administering such on-the-road driving skills test.   "(B) For any applicant 18 years of age or older, a minimum of six hours of private in-car instruction provided by a licensed instructor employed by the licensed driver training school administering such on-the-road driving skills test.   "(2) The department may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any Class P instruction permit, Class C driver's license, or Class D driver's license under this Code section.   "(3) The department may authorize public and private high schools to conduct knowledge tests required for issuance of a Class P instruction permit or Class D driver's license or both."   Editor's notes.   - Ga. L. 1997, p. 760, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Teen-age and Adult Driver Responsibility Act'."   Ga. L. 1997, p. 760, § 27, not codified by the General Assembly, provides that the amendment made by the Act to this Code section shall apply to offenses committed on or after July 1, 1997, and shall not apply to offenses committed prior to that date.   Ga. L. 2001, p. 184, § 4-1, not codified by the General Assembly, provides that subsection (a) of this Code section as amended by this Act shall become effective six months after the effective date of appropriation by the General Assembly of sufficient funds for purposes of such amendment. Funds were appropriated effective July 1, 2001, at the 2001 session of the General Assembly.   Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: "Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date."   For application of this statute in 2020, see Executive Order 04.23.20.02.   A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2 020-executive-orders.   Law reviews.   - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 203 (1997). For article on the 2013 amendment of this Code section, see 30 Ga. St. U.L. Rev. 203 (2013). For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 205 (2001).   JUDICIAL DECISIONS   Flashing yellow "X" not actionable as nuisance.    - Because the meaning of a flashing yellow "X" signal was included within the state's driver's manual and was a standard traffic control device, knowledge thereof was chargeable to the drivers in the state. Accordingly, as a matter of law, the flashing yellow "X" did not create a continuously hazardous condition amounting to a nuisance. City of Atlanta v. Metropolitan Atlanta Rapid Transit Auth., 262 Ga. 743, 425 S.E.2d 862 (1993).   OPINIONS OF THE ATTORNEY GENERAL   State defined and application to testing requirements.    - The term "state” as used specifically in O.C.G.A. § 40-5-27(a)(3)(A) includes territories of the United States such that persons from the territories who are applying for a driver's license and who otherwise satisfy the conditions of the statute may be exempted from the on-the-road driving test and the knowledge test. 2020 Op Att'y Gen. 20-3.   RESEARCH REFERENCES   Am. Jur. 2d.   - 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 115.   C.J.S.   - 60 C.J.S., Motor Vehicles, §§ 339, 343.   ALR.   - Physical defect, illness, drowsiness, or falling asleep of motor vehicle operators as affecting liability for injury, 28 A.L.R.2d 12; 93 A.L.R.3d 326; 1 A.L.R.4th 556.   Denial, suspension, or cancellation of driver's license because of physical disease or defect, 38 A.L.R.3d 452.   Liability for automobile accident allegedly caused by driver's blackout, sudden unconsciousness, or the like, 93 A.L.R.3d 326.   Motor vehicle passenger's contributory negligence or assumption of risk where accident resulted from driver's drowsiness, physical defect, or illness, 1 A.L.R.4th 556.   State's liability for improperly licensing negligent driver, 41 A.L.R.4th 111.