2021 Georgia Code
Title 43 - Professions and Businesses
Chapter 13 - Instructors in Driver Training and Operators of Driver Training Schools
- § 43-13-1. Short Title
- § 43-13-2. Definitions
- § 43-13-3. License Requirement
- § 43-13-4. Qualifications of Driver Training School Operators
- § 43-13-4.1. Business Names of Driver Training Schools and Commercial Driver Training Schools
- § 43-13-5. Qualifications of Driver Training School Instructors
- § 43-13-6. Issuance of Licenses to Qualified Applicants; Expiration and Renewal of Licenses
- § 43-13-6.1. Special Licenses for Driver Training School Instructors Qualified to Teach Alcohol and Drug Course; Fingerprinting Requirement; Citizenship Requirement
- § 43-13-6.2. Licensing of Teacher for Defensive Driving Course; Examiners
- § 43-13-7. Cancellation, Suspension, Revocation, or Nonrenewal of Licenses
- § 43-13-7.1. Notification in Change of Ownership for Driver Training School and Other Related Programs
- § 43-13-8. Rules and Regulations; Penalties; Judicial Review; Judgments
- § 43-13-9. Disposition of Funds
- § 43-13-10. Exceptions to Operation of Chapter
- § 43-13-11. Penalty
- Driver education course accepted for Carnegie unit elective credits, § 20-2-151.2.
Reduction in insurance premiums for completing and availability of driving courses, § 33-9-42.
Drivers' licenses generally, T. 40, C. 5.
Driver improvement programs and clinics for persons whose drivers' licenses have been suspended or revoked, § 40-5-80 et seq.
JUDICIAL DECISIONS
Valid purpose.
- Purpose of Ga. L. 1968, p. 436 (see now O.C.G.A. Ch. 13, T. 43), to improve quality of driving instruction received by prospective drivers in the State of Georgia and to protect the public from unqualified commercial driving programs, is clearly a legitimate and appropriate exercise of the state's police power. Milner v. Burson, 320 F. Supp. 706 (N.D. Ga. 1970).
OPINIONS OF THE ATTORNEY GENERAL
Persons and businesses which must comply with law.
- Person or business entity must comply with this chapter if such person or business entity gives instructions for hire and those instructions prepare an applicant for license examination required for a class three, four, or five license. 1974 Op. Att'y Gen. No. 74-101.
Fact that student holds permit to drive does not exempt instructor.- Fact that student holds a permit allowing the student to drive vehicles encompassed within the three, four, and five license classes does not exempt instructing person or business entity from requirements of law if such instructing person or business entity offers instructions which aid the applicant in passing the license examination required for a class three, four, or five license. 1974 Op. Att'y Gen. No. 74-101.
Business instructing licensed drivers is not subject to provisions of law.- Corporation engaged in business of giving instruction for hire in driving motor vehicles to persons who are already licensed to drive is not subject to provisions of this chapter. 1972 Op. Att'y Gen. No. 72-135.
School's vehicles not subject to inspection more than once a year.- Department of Public Safety is not authorized to inspect a school's vehicles more often than annual safety inspection. 1968 Op. Att'y Gen. No. 68-278.
Administrative Procedure Act applies when applicant is denied a license for school or instructor's permit. 1968 Op. Att'y Gen. No. 68-278.
RESEARCH REFERENCES
Am. Jur. 2d.
- 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.
C.J.S.- 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 1444-1448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.
