2020 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 5 - Drivers' Licenses
Article 3 - Cancellation, Suspension, and Revocation of Licenses
§ 40-5-64. Limited Driving Permits for Certain Offenders
- To whom issued.
- Notwithstanding any contrary provision of this Code section or Code Section 40-5-57, 40-5-63, 40-5-75, 40-5-121, or 42-8-111, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest, may apply for a limited driving permit when that person's driver's license had a suspension imposed prior to July 1, 2015, under Code Section 40-5-22 or that person's driver's license has been suspended in accordance with subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, paragraph (1) of subsection (a) of Code Section 40-5-67.2, or subsection (a) of Code Section 40-5-57.1, when the person is 18 years of age or older and his or her license was suspended for exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour, and the sentencing judge, in his or her discretion, decides it is reasonable to issue a limited driving permit.
- No person who has been granted an exemption from the ignition interlock device requirements of Article 7 of Chapter 8 of Title 42 due to undue financial hardship under Code Section 42-8-111 shall be eligible for a limited driving permit, an ignition interlock device limited driving permit, or any other driving privilege for a period of one year.
- To the extent a person is subject to more than one suspension for which a limited driving permit may be issued, the department shall not issue such permit unless the suspensions are for a conviction for driving under the influence in violation of Code Section 40-6-391 imposed pursuant to Code Section 40-5-63 and an administrative suspension imposed pursuant to paragraph (1) of subsection (a) of Code Section 40-5-67.2 arising from the same incident.
- Application form. Applications for limited driving permits shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such permit. All applications shall be signed by the applicant before a person authorized to administer oaths.
- Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the purposes of this Code section, the term "extreme hardship" means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from:
- Going to his or her place of employment or performing the normal duties of his or her occupation;
- Receiving scheduled medical care or obtaining prescription drugs;
- Attending a college or school at which he or she is regularly enrolled as a student;
- Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner;
- Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner;
- Attending court; reporting to a community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office; reporting to a community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42; or performing community service;
- Transporting an immediate family member who does not hold a valid driver's license for work, to obtain medical care or prescriptions, or to school; or
- Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court, as such term is defined in Code Section 15-1-18.
- Conditions attached. A limited driving permit shall be endorsed with such conditions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions:
- Specific places between which the permittee may be allowed to operate a motor vehicle;
- Routes to be followed by the permittee;
- Times of travel;
- The specific vehicles which the permittee may operate; and
- Such other restrictions as the department may require.
- Fees, duration, renewal, and replacement of limited driving permit. A limited driving permit issued pursuant to this Code section shall be $25.00 and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following issuance thereof in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57 or a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, or upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2; except that such limited driving permit shall expire upon any earlier reinstatement of the driver's license. A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver's license to the court in which the conviction was adjudged or to the department if the department has processed the administrative driver's license suspension form or conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. Limited driving permits issued pursuant to this Code section are renewable upon payment of a renewal fee of $5.00. Such permits may be renewed one time after the person is eligible to reinstate his or her driver's license for the violation that was the basis of the issuance of the permit. Upon payment of a fee in an amount the same as that provided by Code Section 40-5-25 for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed limited driving permit issued to him or her.
- Liability of issuing officer. No official or employee of the department shall be criminally or civilly liable or subject to being held in contempt of court for issuing a limited driving permit in reliance on the truth of the affidavits required by this Code section.
- Revocation of limited driving permit.
- Any limited driving permittee who is convicted of violating any state law relating to the movement of vehicles or any limited driving permittee who is convicted of violating the conditions endorsed on his or her limited driving permit shall have such permit revoked by the department. Any court in which such conviction is had shall require such permittee to surrender his or her limited driving permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction.
- Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. In any case of revocation of a limited driving permit pursuant to paragraph (1) of this subsection, the department may impose an additional period of suspension for the conviction upon which revocation of the permit was based.
- Hearings. Any person whose permit has been revoked or who has been refused a permit by the department may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Appeal from such hearing shall be in accordance with said chapter.
- Rules and regulations. The commissioner may promulgate such rules and regulations as are necessary to implement this Code section.
- Penalty. Any permittee who operates a motor vehicle in violation of any condition specified on the permit shall be guilty of a misdemeanor.
(c.1)Exception to standards for approval. The provisions of paragraphs (2), (3), (4), and (5) of subsection (c) of this Code section shall not apply and shall not be considered for purposes of granting a limited driving permit or imposing conditions thereon under this Code section in the case of a driver's license suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22.
(Code 1933, § 68B-311, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1977, p. 648, § 1; Ga. L. 1978, p. 225, § 3; Ga. L. 1983, p. 1000, § 7; Ga. L. 1985, p. 149, § 40; Ga. L. 1985, p. 758, § 9; Ga. L. 1990, p. 2048, § 4; Ga. L. 1992, p. 779, § 21; Ga. L. 1992, p. 2564, § 3; Ga. L. 1992, p. 2785, § 11; Ga. L. 1994, p. 1600, § 1; Ga. L. 1997, p. 760, § 18; Ga. L. 1999, p. 391, § 5; Ga. L. 2000, p. 951, § 5-27; Ga. L. 2000, p. 1457, § 4; Ga. L. 2002, p. 1324, § 1-20; Ga. L. 2003, p. 796, § 1; Ga. L. 2004, p. 471, § 6; Ga. L. 2006, p. 449, § 10/HB 1253; Ga. L. 2008, p. 171, § 7/HB 1111; Ga. L. 2009, p. 453, § 3-4/HB 228; Ga. L. 2010, p. 199, § 3/HB 258; Ga. L. 2010, p. 932, § 14/HB 396; Ga. L. 2011, p. 355, § 8/HB 269; Ga. L. 2012, p. 72, § 5/SB 236; Ga. L. 2013, p. 878, § 2/HB 407; Ga. L. 2015, p. 60, § 4-17/SB 100; Ga. L. 2015, p. 422, § 5-59/HB 310; Ga. L. 2016, p. 323, § 1-1/HB 205; Ga. L. 2016, p. 443, § 4-6/SB 367; Ga. L. 2017, p. 774, § 40/HB 323; Ga. L. 2018, p. 1112, § 40/SB 365; Ga. L. 2019, p. 1056, § 40/SB 52.)
The 2016 amendments. The first 2016 amendment, effective July 1, 2017, rewrote this Code section. The second 2016 amendment, effective July 1, 2016, in subsection (c), inserted "the term" preceding " 'extreme hardship'" in the second sentence; in paragraph (c)(6), substituted "office, reporting" for "office or reporting", added a comma following "Title 42", and deleted "or" at the end; in paragraph (c)(7), substituted "to obtain medical care or prescriptions, or to school; or" for "medical care, or prescriptions or to school."; added paragraph (c)(8); added subparagraph (c.1)(2)(B); redesignated former subparagraphs (c.1)(2)(B) and (c.1)(2)(C) as present subparagraphs (c.1)(2)(C) and (c.1)(2)(D), respectively; deleted "and" at the end of subparagraph (c.1)(2)(D); added subparagraphs (c.1)(2)(E) through (c.1)(2)(H); redesignated former subparagraph (c.1)(2)(D) as present subparagraph (c.1)(2)(I); in paragraph (e)(1), at the beginning of the first sentence, substituted "A limited driving permit" for "A permit", substituted "Limited driving permits" for "Permits" at the beginning of the fourth sentence, substituted "Such permits may be renewed one time after the person is eligible to reinstate his or her driver's license" for "Permits may be renewed until the person has his or her license reinstated" in the fifth sentence; and, in the last sentence of paragraph (e)(2), substituted "such permit may be renewed for additional periods of two months upon payment of a renewal fee of $5.00, but it may only be renewed one time after such person is eligible to reinstate his or her driver's license" for "the permit may be renewed for additional periods of two months as provided in paragraph (1) of this subsection".
The 2017 amendment, effective July 1, 2017, part of an Act to revise, modernize, and correct the Code, substituted "ignition interlock device limited driving permit" for "ignition interlock limited driving permit" in paragraph (a)(2). See Editor's notes regarding the effect of this amendment.
The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, deleted the paragraph (e)(1) designation and redesignated former paragraph (e)(2) as present paragraph (d)(1) of Code Section 40-5-64.1.
The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, in paragraph (c)(6), revised punctuation and deleted "or" preceding "reporting to".Code Commission notes.
- Pursuant to Code Section 28-9-5, in 2016, the amendment of this Code section to subsection (c.1) and paragraph (e)(2) by Ga. L. 2016, p. 323, § 1-1/HB 205, was treated as impliedly repealed and superseded by Ga. L. 2016, p. 443, § 4-6/SB 367 due to irreconcilable conflict.
Pursuant to Code Section 28-9-5, in 2017, the paragraph (1) designation was deleted from subsection (c.1) and former paragraph (c.1)(2) was transferred from Code Section 40-5-64 to Code Section 40-5-64.1 and was renumbered as present subsection (e).Editor's notes.
- Ga. L. 1994, p. 1600, § 11, not codified by the General Assembly, provides that the provisions of the Act shall apply only to cases arising out of arrests occurring on or after January 1, 1995, except that the provisions amending subsection (a) of Code Section 40-6-391.1, restricting the acceptance of a plea of nolo contendere to a charge of violating Code Section 40-6-391, and the provisions amending subsection (c) of Code Section 40-6-391, changing the criminal penalties for violations of the section, shall become effective July 1, 1994, and except that the provisions amending subsection (g) of Code Section 40-5-67.1, relating to the time for requesting a hearing on an administrative suspension, the stay of a suspension pending such hearing, and the early termination of an administrative suspension under certain conditions shall apply to cases pending on July 1, 1994.
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. 1999, p. 391, § 2, not codified by the General Assembly, provides: "This Act shall be known and may be cited as 'Heidi's Law.'"
Ga. L. 2013, p. 878, § 5/HB 407, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2013, and shall apply to offenses committed on or after such date."
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."
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date."
Ga. L. 2015, p. 60, § 4-17/SB 100, purported to amend subsection (a) but only amended paragraph (a)(1).
Ga. L. 2017, p. 774, § 40/HB 323, part of an Act to revise, modernize, and correct the Code, purported to revise a term in this Code section; however, such term no longer exists in such Code section, thus this amendment has not been given effect.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 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015). For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 139 (2016). For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 298 (1992). For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 200 (1999).
Habitual violator provision not unconstitutional.
- Fact that the offenses which serve to disqualify the person as a first offender occurred prior to the enactment of the habitual offender provision does not serve to give such a provision an unconstitutional or illegal retroactive effect. Cofer v. Fielden, 145 Ga. App. 251, 243 S.E.2d 670 (1978).
Cited in Hardison v. Popham, 151 Ga. App. 143, 259 S.E.2d 149 (1979); Barrow v. Mikell, 331 Ga. App. 547, 771 S.E.2d 211 (2015), rev'd on other grounds, 298 Ga. 429, 782 S.E.2d 439 (2016).
OPINIONS OF THE ATTORNEY GENERAL
- Language of former Code 1933, § 68B-311 (see now O.C.G.A. § 40-5-64) clearly indicated that only drivers who were convicted of driving under the influence of drugs or alcohol or drivers whose licenses were suspended due to the accumulation of 15 traffic violations points may apply for limited permits. 1977 Op. Att'y Gen. No. 77-54 (decided prior to 1983 amendment which deleted the provision for limited permits for persons convicted of driving under the influence).Standard for issuing limited permits.
- In issuing limited permits, the standard which should be followed was set out in former Code 1933, § 68B-311 (see now O.C.G.A. § 40-5-64). 1977 Op. Att'y Gen. No. 77-54.Issuance when refusal causes "extreme hardship."
- Language of subsection (c) of former Code 1933 § 68B-311 (see now O.C.G.A. § 40-5-64), indicated that the department must issue a limited permit when an application for such a permit indicated that refusal to issue the permit would cause "extreme hardship;" while the department cannot refuse to issue limited permits to applicants who qualify for such permits, the department had considerable discretion to prescribe the conditions under which the permits may be used. 1977 Op. Att'y Gen. No. 77-54.No limited permit available.
- Driver may not apply for limited permit when license was revoked under former Code 1933, § 68B-312 (see now O.C.G.A. § 40-5-63(a)(3)). 1977 Op. Att'y Gen. No. 77-54.
- 60 C.J.S., Motor Vehicles, § 459.