Subject 375-3-1 GENERAL PROVISIONS
| (1) |
Upon initial application to the
Department for adriver's license or identification card, the applicant, upon
satisfaction of the requirements for issuance of the document, will be assigned
a unique identification number generated by a random number system. |
| (2) |
Any other document issued to the
applicant by the Department will bear the identification number previously
assigned. |
| (3) |
Requests for a change
of the customer identification numbers will be honored under the following
circumstances:
| (a) |
The current customer
identification number is the applicant's social security account number;
or |
| (b) |
The applicant's driver's
license and/or identification card has been stolen; or |
| (c) |
The Office of Investigative Services has
authorized a change of customer identification number in writing; or |
| (d) |
The applicant submits documentation from
a family violence program or family violence shelter, as those terms are
defined in O.C.G.A. §§ 19-13-20(4) and
(5), evidencing a need to change his or her
identification number because he or she is the victim of family violence or the
minor child of a victim of family violence; or |
| (e) |
The applicant's driver's license and/or
identification card has been stolen, lost, or misplaced. |
|
| (4) |
All requests for a change of the customer
identification number may be subject to verification/and or approval from the
Office of Investigative Services. |
| (5) |
Change of the customer identification
number will be limited to three (3) changes per customer or applicant within a
twelve (12) month period, unless the request is accompanied by a police
report. |
| (6) |
Applicants requesting a
change of the customer identification number must complete an affidavit on a
form prescribed and furnished by the Department. |
| (7) |
Applicants who are approved for a change
of the customer identification number must pay the applicable replacement
license or identification card fee. |
| (8) |
Customer identification numbers may also
be changed, in the discretion of the Department, as needed to carry out the
Department's obligations. |
| (9) |
For
the purposes of this Chapter, the term "customer identification number" shall
have the same meaning as the term "driver identification number,"
"distinguishing number," and "identification card number." |
| (10) |
Customers for whom the Department has
not issued a driver's license, permit or identification card, but for whom it
is necessary to create a driving record pursuant to O.C.G.A. § 40-5-2 shall also be issued a
unique identification number generated by a random number system. Such number
shall be used on any driver's license, permit or identification card
subsequently issued to said customer, if any. |
| (1) |
Customers applying for issuance or
renewal of any driver's license, permit, or identification card issued by the
Department shall complete a written application in a form to be determined by
the Department. Such application shall require the applicant to indicate the
following:
| (a) |
Whether he or she has ever been
issued a driver's license by the State of Georgia or any other state or agency,
and if so, the date and place of issuance with the license number, if
known; |
| (b) |
Whether any previously
issued license, whether issued by the State of Georgia or any other state or
licensing agency, has ever been revoked, suspended or canceled, or whether any
application for a motor vehicle driver's license has ever been denied. The
application shall state the cause for revocation, suspension, cancellation or
denial, the circumstances surrounding the action taken, the number of times
such action has been taken and whether the license has been re-issued or
application granted; and |
|
| (2) |
Applications executed pursuant to
paragraph (1) shall include a declaration under penalty of perjury that the
information contained in the application is true and correct. |
| (3) |
Each application must be supported by
documentation of the customer's identity, specifically his or her name and date
of birth. Documents that are acceptable include the following:
| (a) |
Valid, unexpired U.S. passport; |
| (b) |
Certified copy of a birth certificate
filed with the State Office of Vital Statistics or equivalent agency in the
customer's state of birth; |
| (c) |
Consular Report of Birth Abroad issued by the U.S. Department of State, Form
FS-240, DS-1350 or FS-545; |
| (d) |
Valid, unexpired Permanent Resident Card (Form I-551) issued by the U.S.
Department of Homeland Security (DHS) or Immigration and Naturalization Service
(INS); |
| (e) |
Unexpired Employment
Authorization Document (Form I-766/EAD) issued by the DHS; |
| (f) |
Unexpired foreign passport with a valid
unexpired U.S. visa affixed accompanied by the approved I-94 form documenting
the applicant's most recent admittance into the United States; |
| (g) |
Certificate of Naturalization issued by
the DHS, Form N-550 or N-570; or |
| (h) |
Certificate of Citizenship, Form N-560 or
N-561, issued by the DHS; or |
| (i) |
An
uncertified copy of a state-issued birth certificate or a hospital or other
commemorative birth certificate for a birth in the State of Georgia if such can
be verified electronically with the records of the Georgia Department of Public
Health. The driver's license, permit or identification card issued by the
Department shall reflect the full legal name reflected on such documentation.
If a customer's name has changed from the name listed in the document presented
in satisfaction of this paragraph, such change must be supported by
documentation in the form of a marriage license, marriage license application,
divorce decree, adoption decree, or other court order. Original or certified
copies of documents are required. |
|
| (4) |
Each customer must provide documentation
of his or her social security number in one of the following forms:
| (a) |
Social security card; |
| (d) |
Non-SSA-1099 form; or |
| (e) |
Pay stub with the customer's name and
social security number printed on it. Social security numbers provided pursuant
to this paragraph shall be verified as required by 6 CFR § 37.11(e)(2) and 6 CFR § 37.13(b)(2). This paragraph shall not apply to non-U.S. citizen
customers who are not eligible for issuance of a social security number due to
their ineligibility to work pursuant to their immigration status. Customers
claiming this exemption must provide documentation thereof from the Social
Security Administration. |
|
| (5) |
Each customer must provide two (2)
documents to substantiate residence in the State of Georgia. Such documents
must contain the customer's name and residence address, and they must be dated
by the sender or postmarked within six (6) months prior to the date on which
they are presented. Renewal customers who are providing such documentation to
satisfy the requirements of 6 CFR § 37.11 may utilize any previously
issued driver's license, permit, or identification card, and they may submit
such documents electronically so long as the address reflected therein matches
the address already reflected on such person's most recently issued driver's
license, permit, or identification card.
The following forms of documentation are examples of what can
be used to satisfy the proof of residence requirement.
This is not an exhaustive list as acceptable document types
are subject to change.
* Mortgage Documents
* Lease
* Military Housing Agreement Letter
* Utility Bills - Dated within previous six (6)
months. Utility bill for services installed at your residential address (water,
sewer, gas, electricity, cable/satellite TV, Internet, telephone/cell phone, or
garbage collection). Please redact account numbers.
* Motor Vehicle Information - Vehicle
Registration or Title, Insurance policy or Insurance Card with address
displayed.
* Documents Issued by Federal, State or Local
Governments - From current or preceding calendar year
|
| (6) |
Each customer must provide documentation
of his or her citizenship or lawful status in the United States. Pursuant to 6 CFR § 37.3 a person has lawful status if he or she presents proof that he
or she is a citizen or national of the United States; or an alien: lawfully
admitted for permanent or temporary residence in the United States; with
conditional permanent resident status in the United States; who has an approved
application for asylum in the United States or has entered into the United
States in refugee status; who has a valid nonimmigrant status in the United
States; who has a pending application for asylum in the United States; who has
a pending or approved application for temporary protected status (TPS) in the
United States; who has approved deferred action status; or who has a pending
application for lawful permanent residence (LPR) or conditional permanent
resident status.
| (a) |
The following documents
shall suffice as proof of citizenship:
| (i) |
Valid, unexpired U.S. passport; |
| (ii) |
Certified copy of a birth certificate
filed with the State Office of Vital Statistics or equivalent agency in the
customer's state of birth; |
| (iii) |
Consular Report of Birth Abroad issued by the U.S. Department of State, Form
FS-240, DS-1350 or FS-545; |
| (iv) |
Certificate of Naturalization issued by the DHS, Form N-550 or N-570; or
|
| (v) |
Certificate of Citizenship,
Form N-560 or N-561, issued by the DHS. |
|
| (b) |
A valid, unexpired Permanent Resident
Card (Form I-551) issued by the DHS or USCIS shall suffice as proof of lawful
status in the United States. Non-U.S. citizen customers whose identities are
proven using an unexpired Employment Authorization Document (Form I-766/EAD)
issued by DHS; or an unexpired foreign passport with a valid, unexpired U.S.
visa affixed accompanied by the approved I-94 form documenting the applicant's
most recent admittance into the United States; or a REAL ID driver's license or
identification card issued in compliance with the standards established by 6 CFR § 37.11 must also present a second verifiable document issued by the
DHS or other Federal agencies demonstrating lawful status as determined by
USCIS. All documentation of lawful status is required to be verified with the
DHS' Systematic Alien Verification for Entitlements Program (SAVE) in the
manner prescribed in 6 CFR § 37.13. |
|
| (7) |
| (a) |
The
Department shall not accept documents issued outside the United States except
foreign passports. Notwithstanding the foregoing, if a customer cannot, for
reasons beyond his or her control, present any other document as proof of his
or her name, including changes thereto, such documentation shall be accepted
pursuant to the foregoing exception process. Such documentation must be printed
in English or translated into English by a professional translating service,
non-profit corporation, consular official of the country of issuance, or other
entity approved by the Department. The original certified document and the
original English translation document must be presented to the
Department. |
| (b) |
Customers who have
been designated as asylees by the United States Department of Homeland Security
may satisfy the requirements for proof of identity, lawful status in the United
States, and residence by providing the following:
| (i) |
Original I-94 indicating asylee status;
and |
| (ii) |
Proof of residence as set
forth in paragraph (5). |
|
| (c) |
Customers who have been designated as
refugees by the United States Department of Homeland Security may satisfy the
requirements for proof of identity, lawful status in the United States, and
residence by providing the following:
| (i) |
If
the applicant is a refugee initially placed in the State of Georgia upon
arrival in the United States:
| 1) |
Original
I-94 indicating refugee status; |
| 2) |
Reception and placement form identifying agency responsible for settling
applicant in the State of Georgia; and |
| 3) |
Refugee Affidavit form bearing notarized
signature of representative of the placement agency identified in the reception
and placement form submitted to satisfy paragraph (7)(c)(i)2), and containing
applicant's residence address. The Department will notarize said forms at the
Customer Service Center at which the applicant applies for said initial
issuance if the placement agency does not have a notary on staff. |
|
| (ii) |
If the applicant is a refugee
age eighteen (18) or over who was initially placed in a state other than
Georgia upon arrival in the United States, but who has since moved to the State
of Georgia:
| 1) |
Original I-94 indicating
refugee status; |
| 2) |
Driver's license
or identification card issued by previous state of residence; and |
| 3) |
Proof of residence as set forth in
paragraph (5). |
|
| (iii) |
If
the applicant is a refugee under age eighteen (18) who was initially placed in
a state other than Georgia upon arrival in the United States, but who has since
moved to the State of Georgia:
| 1) |
Original
I-94 indicating refugee status; and |
| 2) |
Proof of residence as set forth in
paragraph (5). |
|
|
| (d) |
If the applicant is a probationer,
parolee or person who has been released from the custody of the Georgia
Department of Corrections within the last sixty (60) days, and he or she is
unable to provide one or both documents needed to prove his or her residence,
he or she may prove his or her residence address by submitting confirmation
thereof from an employee of the Department of Corrections or the State Board of
Pardons and Paroles on the form designated by the Department. |
| (e) |
If the applicant is a resident of a
nursing home or other medical care facility, and he or she is unable to provide
both documents needed to prove his or her residence, he or she may prove his or
her residence address as the address of such nursing home or medical care
facility based upon confirmation thereof from the nursing home or medical care
facility on its letterhead. Such confirmation must include the customer's name
and date of birth, the address of the nursing home, the name and phone number
of a representative thereof, and the signature of such
representative. |
| (f) |
If the
applicant is a homeless individual, he or she may utilize the address of a
homeless shelter or other service provider upon confirmation thereof from the
homeless shelter or care provider. Such confirmation must include the
customer's name and date of birth, the address of the homeless shelter or care
provider, the name and phone number of a representative thereof, and the
signature of such representative. |
| (g) |
If the applicant is in the care of the
Department of Human Services or the Department of Juvenile Justice, he or she
may prove his or her residence address by submitting confirmation thereof from
an employee of thereof. |
| (h) |
If the
applicant is age seventy (70) or more, he or she may prove his or her name and
date of birth utilizing an original discharge document from the military or a
statement from the Social Security Administration containing the customer's
name and date of birth. |
| (i) |
If the
applicant became a United States citizen pursuant to the Child Citizenship Act
of 2000 upon his or her adoption by a Georgia resident, then he or she may
satisfy the requirements for proving his or her identity and citizenship by
presenting a State of Georgia Certificate of Foreign Birth. |
| (j) |
If the applicant possesses a previously
issued United States passport that has expired, but the expiration date is less
than ten (10) years from the date on which he or she makes application for a
license, permit, or identification card, then he or she may satisfy the
requirements for proving his or her identity and citizenship by presenting such
expired passport. |
| (k) |
If the
applicant is age sixty (60) or more and has held a Georgia driver's license,
permit, or identification card for at least twenty (20) years prior to making
application for renewal thereof, he or she may prove his or her name and date
of birth utilizing an original discharge document from the military or a
statement from the Social Security Administration containing the customer's
name and date of birth. |
| (l) |
As
provided in 6 CFR Part 37, if for reasons beyond the control of an applicant
who has satisfied citizenship and is renewing their Georgia drivers' license,
permit, or identification card cannot provide an identity document, the
Department may accept a Georgia Driver's license, permit or identification card
that is valid or has been expired less than two (2) years provided it bears the
name that has previously been and continues to verify through the Social
Security Administration and the applicants' photographs continue to match
without incident, and use of such card is approved by an authorized managing
supervisor of the Department. |
| (m) |
In the event a customer is unable to satisfy the documentary requirements set
forth herein, he or she may propose the use of alternative documents. Such
requests shall contain a specific explanation of why the customer is unable to
provide the documents, a showing that the alternative documents are equivalent
to the documents required in the regulation and include copies of the documents
proposed. The Department shall not accept alternative documentation as proof of
lawful status in the United States. |
|
| (8) |
Customers applying for the renewal of a
driver's license, permit or identification card by means other than personal
appearance, shall be authorized to do so pursuant to Ga. Comp. R. & Regs.
R. 375-3-2-.04. |
The Field Operations Division of the Department of Driver
Services is composed of a division director and such additional staff as the
Commissioner deems necessary for the efficient operation of the Division. It is
the duty of this Division to administer the laws with regard to the issuance of
driver's licenses.
| (1) |
No person who
is incapacitated by reason of disease, mental or physical disability or by
addiction to alcohol or drugs shall be issued a license or have their license
renewed by the Department. However, the Department, at its discretion, may
issue a license to those applicants for issuance or renewal of a license with
certain physical disabilities subject to certain restrictions as follows:
| (a) |
Vision.
| (i) |
No license shall be issued to any person
who does not have vision of 20/60 or better and a horizontal field of vision of
at least 140 degrees. If corrective lenses are necessary to meet these vision
standards, the applicant may only be issued licenses restricted to operating
vehicles while wearing such corrective lenses. |
| (ii) |
Applicants whose vision, even with
corrective lenses, is 20/60 or less in one eye may only be issued licenses
restricted to operating vehicles with an outside rearview mirror on the left
side. |
| (iii) |
In any case where the
Department has questions concerning a person's vision it may require a
statement with respect thereto made by a physician or osteopath licensed under
Ga. Code Chap. 43-34 or under Ga. Code Chap. 43-30 (Optometrist). |
|
| (b) |
Musculoskeletal.
| (i) |
Applicants with the following
musculoskeletal disabilities may only be issued licenses restricted to
operating vehicles equipped with special equipment as follows:
| 1) |
Applicants who have either a hand or arm
missing or useless may be issued licenses restricted to operating vehicles
equipped with directional signals and automatic shift. |
| 2) |
Applicants who have either one foot or one
leg missing or useless may be issued licenses restricted to operating vehicles
equipped with automatic shift, hand dimmer, artificial foot pedal extension,
manual brake or some combination thereof as the Department may determine is
necessary for the individual applicant. If the applicant's right leg is missing
or useless, the license may also be restricted to operating vehicles equipped
with left foot accelerator and wide brake pedal. |
| 3) |
Applicants with both legs missing or
useless may be issued licenses restricted to operating vehicles equipped with
hand dimmer switch, hand throttle and vacuum brake equipment, automatic shift,
or any combination thereof as the Department may determine is necessary for the
individual applicant. |
|
|
| (c) |
The Department may add such additional
restrictions or combinations of restrictions to a person's license as it may
deem necessary for such person to operate a vehicle safely. |
| (d) |
Applicants, before being issued a
restricted license, may be required to demonstrate their ability to operate a
motor vehicle safely upon highways of this state. This driving demonstration
shall be as required in Ga. Comp. R. & Regs. R.
375-3-1-.10. |
|
| (2) |
Any applicant who is denied a license or
any renewal thereof due to a mental or physical incapacity may apply to the
Driver License Advisory Board pursuant to Chapter 375-3-5 of these Rules for a
review of their capability to operate a motor vehicle safely. |
| (3) |
Any person who is issued a restricted
license and operates a motor vehicle contrary to the restrictions on such
license shall have such license revoked. |
| (1) |
Customers who
hold a valid non-commercial driver's license issued by another state of the
United States, the District of Columbia, or territories of the United States
listed in subsection (a) of this paragraph may exchange such license for a
Georgia driver's license of the equivalent class without completing knowledge
or skills testing. If said license is expired, it must have been expired for
less than two years. Vision testing is required.
| (a) |
Customers who hold a valid non-commercial
driver's license issued by the following territories may exchange such license
pursuant to paragraph (1):
| v. |
Northern Mariana Island |
|
| (b) |
Exchanges pursuant to paragraph (1)(a)
apply to non-commercial licenses; |
| (c) |
The driver's license issued by another
jurisdiction pursuant to paragraph (1) must be surrendered. |
|
| (2) |
If a customer is unable to
surrender his or her non-commercial driver's license issued from another state
of the United States, the District of Columbia, or territories of the United
States listed in subsection (1)(a) of this paragraph at the time of making
application for a Georgia driver's license, the Department shall accept a
certified copy of his or her driving record from the previous state of issuance
as documentation thereof. Such driving record must have been issued within
thirty (30) days of the date of such customer's application for a Georgia
driver's license. |
| (3) |
Customers who
hold a valid non-commercial instructional permit issued by another state of the
United States, the District of Columbia, or territories of the United States
listed in subsection (1)(a) of this paragraph must successfully complete the
Georgia knowledge examination for such class of license and a vision test in
order to be issued a Georgia instructional permit in the same or comparable
class. |
| (4) |
Customers age sixteen
(16) who are applying for issuance of a Class D non-commercial license pursuant
to this regulation may satisfy the requirement for submission of a certificate
of completion of an approved driver's education course using an out-of-state
program under the following circumstances:
| (a) |
He or she was the dependent of active
duty military personnel assigned to a base in such jurisdiction at the time the
out-of-state course was completed; |
| (b) |
The driver's education course was taken
at a facility or program licensed by such jurisdiction; |
| (c) |
The course completed was equivalent in
scope, length and content to that approved by the Department for programs
located in the State of Georgia; and |
| (d) |
The Certificate of completion indicates
that the course was completed within (12) months of the date on which such
customer makes application for a Class D non-commercial driver's
license. |
|
| (5) |
Customers
who hold a valid non-commercial driver's license issued by a foreign country
that currently maintains a reciprocity agreement with the State of Georgia may
exchange such license for a Georgia Class C driver's license without completing
knowledge or skill testing. Vision testing is required. The Department shall
verify with the country, either by letter issued by an authorized
representative of the country or electronically, that the license was issued to
the applicant and that the non-commercial privileges are in good
standing. |
| (1) |
A vision examination is an essential part
of every application for any class of license or instructional permit. An
applicant must meet the minimum standards established by Ga. Comp. R. &
Regs. R. 375-3-5-.08. |
| (2) |
In lieu
of a Departmental vision examination the applicant may submit proof that they
have undergone a vision examination, within twenty-four (24) months immediately
preceding the application for the license, that demonstrates that they have met
the minimum vision standards established by Ga. Comp. R. & Regs. R.
375-3-5-.08. Such examination must have been conducted by a duly licensed
physician, optometrist, or ophthalmologist. |
| (3) |
Persons under age sixty-four (64)
authorized by the Department to renew a driver's license by means other than by
personal appearance are exempt from this requirement unless their vision has
changed. In such case, they would have to comply with paragraph (2) or visit in
person. |
Applicants for all classes of licenses and instruction
permits must receive a grade of at least 75 points out of a possible 100 on the
appropriate test examining their understanding of official traffic control
devices, knowledge of safe driving practices and the traffic laws of Georgia.
The applicant will be considered to have failed the examination for cheating on
any portion of the tests.
The Knowledge Exam may be administered orally by an examiner,
other Department of Driver Services staff, or mechanical device supplied by the
Department of Driver Services to those who are applying for a driver's license
and express a need for such an accommodation due to learning disabilities or
other limitations that do not include vision or cognitive impairment. The test
will be equivalent to the written version of the knowledge exam and the minimum
passing grade shall be the same. An accommodation of an oral examination may
require the customer to schedule a reservation prior to being administered the
oral exam.
| (1) |
Applicants for licenses and instruction
permits of all classes are required to pass the eye examination before being
permitted to take the appropriate knowledge tests. |
| (2) |
Applicants for licenses of all classes
are required to pass the appropriate knowledge tests before being permitted to
demonstrate driving ability. |
| (1) |
An applicant for a Class C license shall
be tested on their ability to perform basic driving patterns to show their
ability to exercise ordinary and reasonable control in the operation of a motor
vehicle and to drive safely with traffic. |
| (2) |
An applicant for a Class C license shall
be immediately disqualified on his driving ability test for the following:
| (a) |
Accident, however slight, including
contact with another motor vehicle, except slight bumper to bumper; contact
with pedestrian; or contact with other property, including running off road
into shrubbery or lawns, unless in the opinion of the examiner, the applicant
was entirely blameless. |
| (b) |
Any act
considered dangerous, including actions which require defensive driving by
another to prevent an accident or dodging by a pedestrian, or which requires
the observer to aid in controlling the motor vehicle; stalling motor vehicle in
a busy intersection; or driving two wheels over curb or onto
sidewalk. |
| (c) |
Traffic law
violation, including any act for which the applicant could be arrested; or any
act which might make the applicant liable for damages in case of an
accident. |
| (d) |
Lack of cooperation
or refusal to perform, including refusal to try a maneuver; offering bribes or
gratuities; arguing about score. |
|
| (3) |
An applicant for a Class C license shall
be disqualified on his driving ability test if he or she does not pass a
driving skills test as prescribed by DDS through its Field Operations policy. A
passing score is 75 points or more out of a possible 100 on the relevant parts
of this subsection. Administering the driving demonstration test necessarily
involves the examiner's discretion and circumstances may require modification
of both duration and method of the test. |
| (4) |
Motorcycle Class M.
| (a) |
An applicant for a Class M non-commercial
license shall be required to achieve a passing grade on the appropriate parts
of Subsection (2) and all other relevant Class M tests. Class M tests will
include, but are not limited to, the following: identification of controls on
the test vehicle; removal of feet from footpegs when necessary. |
| (b) |
An applicant for a Class M license shall
be immediately disqualified under those circumstances specified under
Sub-section (1). |
|
| (5) |
Applicants for licenses for vehicles in Classes A or B (non-commercial) must
have a minimum of three (3) months and/or 3,000 miles experience in the
vehicles of the class for which licensing is sought, or having successfully
completed a commercial driver training course for the class of license sought,
prior to the issuance of such a license. Such experience must be gained while
applicant is in possession of a valid instructional permit for the appropriate
class. No demonstration of driving ability is required. However, the applicant
must present an affidavit from his employer establishing the requisite
experience and ability to operate the vehicles within the particular Class A or
B non-commercial license. Applicants who are self-employed may
self-certify. |
| (1) |
Demonstration of driving ability shall be
in a motor vehicle furnished by the applicant. No such demonstration shall be
made if the motor vehicle lacks or has defective brakes with brake pedal coming
within two inches (2") of the floorboard, unless the vehicle is equipped with
power brakes. The vehicle shall also be equipped with a horn, rearview mirror,
proper steering mechanism which does not have more than three inches (3") of
play, directional signals if such are to be used, all required exterior lights,
and a valid license plate. |
| (2) |
If
the applicant is physically impaired, the motor vehicle which the applicant
uses must be equipped with the special equipment required in Rule
375-3-1-.04. |
| (3) |
For all driver skills tests administered
by the Department of Driver Services, the driver of the vehicle must be in
actual physical control of the control/driving system. The purpose of the
driver skills test is to evaluate the driver's demonstration of their ability
to operate a motor vehicle. The vehicle furnished by the applicant must allow
the driver to demonstrate his or her ability to operate the motor vehicle
independent of automated convenience features. |
| (4) |
DDS will only administer a Class C
driving skills test in a four-wheeled vehicle equipped with steering wheel for
directional control. |
| (1) |
Any applicant for a driver's license of
any class, with the exception of CDL, who fails any part of the driving
examination may re-attempt the examination according to the following schedule:
| (a) |
First Failure--after the first failure
the applicant must wait until the next day before retaking those parts of the
driving examination that were failed earlier |
| (b) |
Second or Subsequent Failure--after the
second failure the applicant must wait seven (7) calendar days before retaking
those parts of the driving examination that were failed earlier. |
|
| (2) |
Any failure of any part of the
examination may equal failure of the complete examination for that testing
day. |
| (1) |
A person may have the following personal
data modified on his or her driver's license, permit, or identification card
upon presentation of satisfactory documentation supporting the change as
indicated:
| (a) |
Date of Birth - submission of
any document accepted as proof of identity pursuant to Ga. Admin. Comp. Ch.
375-3-1-.02. |
| (b) |
Social Security Number - Original Social
Security Card or other original documentation from the Social Security
Administration verifying the correct Social Security Number. |
| (c) |
U.S. Citizenship Status - submission of
any document accepted as proof of citizenship pursuant to Ga. Admin. Comp. Ch.
375-3-1-.02. |
| (d) |
Residence or Mailing Address - submission
of any document accepted as proof of Georgia residency pursuant to Ga. Admin.
Comp. Ch.
375-3-1-.02. |
|
| (2) |
A person may have the following personal
data modified on a driver's license, permit, or identification card by
self-certifying that the requested change is correct on the License/Permit/ID
application:
| (d) |
Primary or Secondary Telephone
Number |
|
| (3) |
A person
requesting a change to the information recorded on his or her driving record
and/or printed on his or her driver's license, permit, or identification card
shall surrender all previously issued driver's licenses, permits, or
identification cards in their possession and shall be required to pay either
the renewal license fee or a duplicate or update fee, whichever is applicable.
No rebate will be given for any license, permit, or identification cards
surrendered. |
| (4) |
In all cases the
decision to change customer personal data on the license, permit, or
identification card is at the discretion of the Department based on a review of
the documents provided to determine their validity and authenticity. |
| (5) |
Changes to a customer's information as
provided in Paragraphs (1)(d) or (2) may be processed remotely. Changes to the
information listed in Paragraphs (1)(a) through (c) must be processed in
person. |
| (1) |
Any information provided by a customer
pursuant to any provision of these regulations or under the auspices of a Code
Section contained within Chapter 5 of Title 40 of the Official Code of Georgia
Annotated relating to the issuance, renewal, reinstatement of a driver's
license, permit, or identification card or other services provided by
Department is subject to verification. |
| (2) |
The Department shall make copies or
digital images of any documents presented by a customer for such purposes for
use in such verification. All such documents shall be retained for no less than
ten (10) years. |
| (3) |
Imaged
documents shall be considered part of the customer's driving record and
accessible only pursuant to the provisions of O.C.G.A. § 40-5-2. |
| (4) |
In the event the Department is unable to
verify information provided pursuant to the requirements of O.C.G.A. § 19-11-9.1, the DDS shall initiate
a cancellation of such customer's driver's license, permit or identification
card as provided in O.C.G.A. § 40-5-50. Such cancellation shall
be made effective no more than 120 days from the date on which the information
was provided by the customer as reflected in the records of the
Department. |
| (a) |
Each driver's license, permit, or
identification card issued by the Department shall contain a photograph of the
person depicted therein for identification purposes; |
| (b) |
The photograph shall contain a depiction
of the applicant's face from crown to the base of the chin, from ear-to-ear,
and shall be clearly visible and free of shadows. Any covering of the head or
face in the photograph is prohibited. |
| (c) |
Exceptions.
| (1) |
Any head or facial covering in the
photograph is prohibited unless the covering is required for religious purposes
or required for medical purposes; |
| (2) |
For religious exceptions, a sworn
statement on a form approved by the Department must be submitted by the
applicant verifying that the covering is worn daily for religious
purposes; |
| (3) |
For medical
exceptions, other than eyewear, a signed doctor's statement must be submitted
by the applicant verifying that covering or item is required daily for medical
purposes; |
|
| (d) |
Any
covering of the face or head for religious or medical reasons must not obscure
any facial features and not generate shadow in the photograph; and such
covering must be adjusted to allow a full-faced photograph. |
| (e) |
Except as provided in section (c) of this
rule, any covering or alterations of the head or face, including but not
limited to headphones, wireless devices, disguises, hats, or costumes, shall
not be visible in the photograph. |
| (f) |
The Department shall endeavor to
accommodate persons objecting to being viewed or photographed by an employee of
the opposite sex by having the photograph taken by a member of the same sex or
by arranging for a private photograph at the Department's
Headquarters. |
| (g) |
The Department
shall require a retake of any photograph that it determines is not in
compliance with the requirements of this rule and may refuse to issue a
driver's license, permit, or identification card to any person who fails to
comply with the requirements of this rule. |
| (1) |
| (a) |
Veterans', honorary or distinctive driver's licenses shall be issued to
veterans who have satisfied all other requirements for issuance of a driver's
license upon receipt by the Department of a Certificate of Eligibility issued
for said veteran by the Georgia Department of Veterans Service. |
| (b) |
In order to be eligible for a Certificate
of Eligibility, a veteran must present evidence of the following:
| (i) |
Residence:
| 1) |
A veteran must be a resident of the State
of Georgia at the time of application for the license; and |
|
| (ii) |
Service:
| 1) |
A veteran must have been on honorable,
active duty service in the armed forces of the United States or a reserve
component thereof during wartime or any conflict when personnel were committed
by the President of the United States, whether or not such veteran was assigned
to a unit or division which directly participated in such war or conflict,
except for periodic transfer from reserve status to active duty status for
training purposes; or |
| 2) |
A veteran
must be a United States citizen and have been on honorable, active duty service
in the armed forces of an ally of the United States during wartime or any
conflict when personnel were committed by the President of the United States,
whether or not such veteran was assigned to a unit or division which directly
participated in such war or conflict. |
|
|
|
| (2) |
A member of the National Guard or Reserve
Forces shall obtain a letter from the Adjutant General of the Georgia National
Guard, or his designee evidencing twenty (20) or more years creditable service
therein. This letter shall be forwarded to the Department. |
| (3) |
A surviving spouse of a veteran who would
have been eligible for a veterans' license shall follow the procedure in
paragraph (1) and may then be issued an honorary license.
| (a) |
Any license to such spouse shall be valid
as long as that person remains unmarried. |
|
| (4) |
A spouse of a veteran who is or would
have been eligible for a veteran's license, but has been disabled to the extent
that he or she is unable to operate a motor vehicle safely, shall acquire an
honorary license by having the disabled veteran surrender his license to the
Department, or if he or she has no license notify the Department of his
disability. Such surrender of license or notification must be accompanied by a
letter from a physician evidencing the disability. The applicant shall then
follow the procedure set out in paragraph (1). |
| (5) |
Once eligibility is established pursuant
to paragraphs (1) through (4) the licensee need not reestablish
eligibility. |
| (6) |
Any customer who
would be eligible for a driver's license under the provisions of this
regulation shall also be eligible for an identification card at no
charge. |
| (7) |
National Guard driver's
licenses shall be issued free of charge by the Department to any guardsman who
meets the requirements of O.C.G.A. § 40-5-36. Each guardsman shall present
to any driver's license examiner a completed Certificate of Eligibility for
Georgia National Guard Driver's License, their current National Guard
identification card and surrender their existing Georgia driver's license or
instructional permit to such examiner. The National Guard driver's license
shall be valid for five (5) years or until the Department receives written
notice from the Adjutant General, or his agent, that the guardsman is no longer
a member of the Georgia National Guard in good standing. |
| (1) |
A person may have the gender designation
on their driver's license changed after a gender reassignment operation upon
the presentation to a driver examiner of either a court order reflecting such
change, or a physician's letter certifying such change. The letter or court
order shall state the person's name and date of birth, and the date of gender
reassignment operation, as well as other identifying information. |
| (2) |
A person applying under Subsection (1)
shall surrender all licenses in their possession and shall be required to pay
either the renewal license fee or a duplicate license fee, whichever is
applicable. No rebate will be given for any licenses surrendered. |
| (3) |
In all cases the decision to change the
gender designation on the license is at the discretion of the
Department. |
In every instance the applicant will be validated through the
National Driver Register and the Problem Driver Pointer System (PDPS). If they
are found to be in suspension, revocation, or cancellation in their former
licensing jurisdiction, then their Georgia driver's license will subsequently
be suspended, revoked, or cancelled. Applicable consequences will be applied to
the driving privilege as required by law.
| (1) |
If a customer's previously issued Georgia
driver's license has been expired for more than two years, and the customer has
not held either a valid equivalent license in another state of the United
States or the District of Columbia, or such license has also expired and been
expired more than two (2) years, the customer must pass a knowledge test,
driving skills test, and a vision test in order to obtain a new driver's
license in the State of Georgia. |
| (2) |
If a customer's previously issued Georgia
driver's license has been expired for more than two years, but the customer has
held either a valid equivalent license in another state of the United States or
the District of Columbia, or such license has also expired, but it has been
expired less than two (2) years, the customer must only pass a vision test in
order to obtain a new driver's license in the State of Georgia. |
| (3) |
If a customer's previously issued Georgia
driver's license has been expired for less than two years, and the customer is
not required by law to complete a vision test, no testing is required in order
to obtain a new driver's license in the State of Georgia. |
Any Warden or Superintendent wishing an inmate to be
certified pursuant to O.C.G.A. § 40-5-21(7), as
amended, must meet the following requirements:
| (a) |
All driver's licenses and instructional
permits issued to such inmate must be surrendered to the Department prior to
the issuance of the inmate drivers certificate; |
| (b) |
No inmate shall be issued an inmate
drivers certificate if such inmate is currently under a departmental or court
imposed suspension, cancellation or revocation; |
| (c) |
The Warden or Superintendent of the
institution requesting that an inmate be issued an inmate drivers certificate
shall file with the Department a completed application form prior to the
issuance of such certificate; |
| (d) |
Each inmate requesting such certificate must pass all examinations required by
law for the particular class of certificate applied for: |
| (e) |
An inmate drivers certificate shall be
valid for four (4) years or until such time as the inmate is transferred,
paroled, pardoned or released from the institution which requested the issuance
of such certificate, whichever period of time is shorter; |
| (f) |
The inmate certificate will also be
cancellable at the request of the Warden or Superintendent of the penal
institution which requested the inmate be issued the certificate designated in
this Rule. |
| (g) |
The inmate
certificate shall contain the following information:
GEORGIA DEPARTMENT OF DRIVER SERVICES
APPLICATION FOR INMATE DRIVERS CERTIFICATE
|
PART I--DRIVER INFORMATION: (Please Print)
NAME ____________________ CURRENT GA. LIC. #
(Last) (First) (Middle)
DATE OF BIRTH _________________ SOC. SEC. #
_____________
NAME OF CORRECTIONAL INSTITUTION _____________________
ADDRESS
___________________________________________________
(P.O. Box) (Street) (City) (State) (Zip Code)
SIGNATURE ____________________ DATE
______________________
NOTE--Your driving record will be checked. If you are under
suspension or revocation this certificate will not be issued. All licenses in
your possession must be surrendered upon issuance of Inmate Certificate. Each
inmate requesting such certificate must pass all examinations (vision, written,
and driving) required by law for the particular class of certificate applied
for, unless successfully completed within sixty (60) days prior to
application.
PART II--CERTIFICATION BY WARDEN OR SUPERINTENDENT
I hereby certify the above named person to be an inmate of
said Institution. I realize that I may cancel the certificate at any time.
Further, I affirm that I will receive from the inmate and return to the
Department of Driver Services such certificate upon the inmate's transfer,
parole, pardon, or release.
SIGNED__________________________
TITLE ___________________________
DATE ________
PART III--CANCELLATION OF INMATE DRIVER'S CERTIFICATE
NAME OF INMATE
____________________________________________
CERTIFICATE NUMBER
______________________________________
DATE OF BIRTH _______________ SOC. SEC. #
_________________
NAME OF CORRECTIONAL INSTITUTION _____________________
ADDRESS
___________________________________________________
(P.O. Box) (Street) (City) (State) (Zip Code)
This will certify that the inmate named herein is no longer
the holder of such driver's certificate issued on (Date) ____________________
due to: (Check one)
____ Cancellation
____ Parole
____ Transfer
____ Release
____ Pardon
____ Other (Specify)__________________________
Such certificate number ____________________ is
enclosed.
SIGNED____________________
TITLE________________________
DATE ____________
Mail this certification form and certificate to Department of
Driver Services, P. O. Box 80447, Conyers, Georgia 30013.
| (h) |
It shall be the responsibility of the
Warden or Superintendent of the penal institution in which the inmate is
incarcerated to secure the surrender of such certificate and return such
certificate to the Department upon the inmate's transfer, parole, pardon or
release. |
All driver's licenses issued to applicants under age 21 shall
have "Under 21" printed on the license. After having attained 21 years of age,
the holder of any such distinctive license may obtain a new license which shall
not be distinctive.
| (1) |
Court copy--Driver's license to be
attached to court copy and forwarded to court having jurisdiction. |
| (2) |
Department of Driver Services copy--This
is sent to the court with the court copy. |
| (3) |
Issuing Department copy--This copy shall
be forwarded to the Department of Driver Services within 15 days of
issuance. |
| (4) |
Violator's copy--This
copy is given to the violator. |
| (5) |
Officer's copy--This copy will be kept in issuing agency's file to issue a
duplicate copy if needed. |
| (1) |
Georgia identification cards are
available to Georgia residents only. Any Georgia resident, as defined in
O.C.G.A. § 40-5-1, applying for an
identification card shall provide to the Department the information as
specified in O.C.G.A. § 40-5-100. |
| (2) |
Individuals with out-of-state driver's
licenses may not obtain a Georgia identification card and maintain the
out-of-state license. In order for these individuals to obtain a Georgia
identification card, they must either obtain a Georgia driver's license prior
to the issuance of the identification card; or, surrender the out-of-state
license to the examiner at the time the identification card is issued.
Customers who cannot surrender a driver's license or identification card
previously issued by another state must provide a certified copy of his or her
driving record from the state that issued said driver's license or
identification card. |
| (3) |
Customers
who previously have been issued an identification card or driver's license in
another country may retain said identification card or driver's license. The
Department shall make a notation on the customer's driving record that the
foreign driver's license or identification card was retained, and this notation
shall be made available to law enforcement officers via the Georgia Crime
Information Center. |
| (5) |
| (a) |
All
non-profit organizations referring anyone to the Department for an
identification card shall provide that individual with a copy of an agreement
previously entered into with the Department whereby such organization verifies
that the individual applying for such identification card is
indigent. |
| (b) |
It shall be the
responsibility of the non-profit organization to provide the Department with an
agreement. Upon approval by the Department and the non-profit organization, the
Department may accept a copy of the agreement from the indigent referred by the
non-profit organization in order to provide the identification card to the
individual at a reduced fee of $5.00. |
|
| (6) |
| (a) |
Any
license, permit or identification card that is intended to be compliant with
the requirements of 49
U.S.C. § 30301 note and
6 C.F.R. § 37.01, et seq. shall contain the information
or design requirements set forth therein. |
| (b) |
No person may be issued a license, permit
or identification card that is compliant with Paragraph (a), supra, while he or
she retains another such card. Customers are eligible for issuance of
non-compliant cards in addition to the compliant card. Similarly, a customer
may switch from one type of compliant card to another by surrendering the
compliant card that is no longer desired and paying a replacement
fee. |
|
Every driver's license or identification card shall be issued
in the full legal name of the applicant as reflected on his or her birth
certificate except as follows:
| (1) |
| (a) |
Customers whose surnames have changed by
reason of a marriage that occurred in the State of Georgia prior to November 1,
1982 may obtain a driver's license or identification card bearing the married
surname upon submission of a certified copy of a marriage license or
state-issued marriage certificate for the marriage; |
| (b) |
| 1. |
Except as provided in Subparagraph (1)(b)(2), infra, customers whose surnames
have changed by reason of a marriage that occurred in the State of Georgia on
or after November 1, 1982 may obtain a driver's license or identification card
bearing the married surname upon submission of a certified copy of a marriage
license application, marriage license or state-issued marriage certificate for
the marriage; |
| 2. |
In order to
utilize a hyphenated surname based upon a marriage that occurred in the State
of Georgia on or after November 1, 1982, the customer must present a certified
copy of the marriage license application reflecting the selection of the
hyphenated surname; |
|
| (c) |
Customers whose surnames have changed by reason of a marriage that occurred
outside the State of Georgia may obtain a driver's license or identification
card in the married surname upon submission of a certified copy of a marriage
license application, marriage license or state-issued marriage certificate for
the marriage; |
|
| (2) |
Customers whose names have changed by reason of adoption may obtain a driver's
license or identification card in the adoptive name upon submission of a
certified copy of an adoption certificate or order reflecting the adoption and
change of name; |
| (3) |
Customers whose
surnames have changed by reason of divorce may obtain a driver's license or
identification card in the new name upon submission of a certified copy of the
divorce decree reflecting the change of surname; |
| (4) |
Customers whose names have changed for
any other reason may obtain a driver's license or identification card in the
new name upon submission of a certified copy of the court order granting the
change of name. |
| (5) |
The driver's
license or identification card issued to any customer who proves his or her
identity by utilizing a document that is acceptable pursuant to Ga. Admin.
Comp. Ch.
375-3-1-.02(5)
other than a birth certificate will be issued in the name reflected upon said
document unless that name has been changed via one of the means listed in
Paragraphs (1) through (4) of this regulation. |
| (6) |
Any name used by a customer must be
electronically verifiable with the records for that customer maintained by the
Social Security Administration. |
| (7) |
Any customer using a valid United States passport to prove his or her full
legal name need not provide any other documentation thereof even if the name
reflected on such passport is not the customer's birth name. |
| (1) |
| (a) |
Any child age fourteen (14) whose parent
or guardian is medically incapable of being license to operate a motor vehicle
due to a visual impairment may apply for a restricted Class P instructional
permit. |
| (b) |
The application for
such restricted instructional permit shall be submitted on a form promulgated
by the Department and must be accompanied by the following:
| 1. |
Documentation from the physician for the
parent or guardian confirming the existence of the visual impairment; |
| 2. |
A photocopy of the Georgia identification
card issued to the parent or guardian, or documentation of his or her residency
at the child's address sufficient to meet the requirements for proof of
residency under Ga. Admin. Comp. Ch.
375-3-1-.02; and |
| 3. |
Such other documentation as the Department
shall deem necessary. |
|
| (c) |
Upon issuance of a restricted
instructional permit, the child may operate a noncommercial Class C motor
vehicle when accompanied by the disabled parent or guardian, or with a person
who is at least twenty-one (21) years old and who holds a valid commercial or
non-commercial driver's license. |
|
| (2) |
| (a) |
Any
child age fifteen (15) or older whose parent or guardian is medically incapable
of being license to operate a motor vehicle and has been issued an
identification card containing the international handicapped symbol may apply
for a restricted Class P instructional permit. |
| (b) |
The application for such restricted
instructional permit shall be submitted on a form promulgated by the Department
and must be accompanied by the following:
| 1. |
A photocopy of the Georgia identification card issued to the parent or
guardian; |
| 2. |
Documentation
reflecting that such parent or guardian previously held a valid driver's
license in the State of Georgia, another State, or the District of Columbia;
and |
| 3. |
Such other documentation as
the Department shall deem necessary. |
|
| (c) |
Upon issuance of a restricted
instructional permit, the child may operate a noncommercial Class C motor
vehicle when accompanied by the disabled parent or guardian or with a person
who is at least twenty-one (21) years old and who holds a valid commercial or
noncommercial driver's license. |
|
| (1) |
Any resident who wishes to operate a
Class A or B motor vehicle who is not required to possess a commercial driver's
license to do so must obtain a non-commercial Class E or F driver's license.
Examples of individuals who would be eligible to operate a Class A or B motor
vehicle with a non-commercial Class E or F driver's license include, but are
not limited to, agricultural vehicles, military vehicles, and firefighting
apparatus or emergency vehicles. |
| (2) |
To be eligible for a non-commercial Class
E or F driver's license, a person must meet the following requirements:
| (a) |
Be at least 18 years of age; |
| (b) |
Possess a valid Class C driver's
license; |
| (c) |
Successfully complete
any knowledge examinations applicable for the class of vehicle to be
operated; |
| (d) |
Pass a Vision Exam.
The minimum acceptable vision is 20/60 in one eye, with or without corrective
lenses, and a field of vision of at least 140 degrees: and |
| (e) |
Submit a Driving Affidavit (Form DS-36)
attesting to a minimum of 3 months or 3,000 miles of driving experience has
been completed in a vehicle which represents the license class. If an applicant
does not possess the requisite driving experience, he or she may be issued an
instructional permit in the appropriate class upon successful completion of the
knowledge examination as provided in Paragraph (c), supra. |
|
| (1) |
In accordance
with Article 6 of Law 191 of 2009 (as amended by Law 68 of 2010), Puerto Rico
Governor Luis G. Fortuño signed an executive order extending the
validity of all Puerto Rico birth certificates issued before July 1, 2010 until
October 30, 2010. According to the laws of Puerto Rico, only the new Puerto
Rico birth certificates issued from July 1, 2010 onward will remain valid.
Effective January 1, 2011, the Department shall not accept a birth certificate
issued in Puerto Rico prior to July 1, 2010 as proof of a customer's identity
for any purpose. |
| (1) |
| (a) |
Any
person who has been diagnosed with a medical condition, illness or disorder
named herein may request to have a notation of such diagnosis placed on his or
her driver's license, permit, or identification card. |
| (b) |
The following conditions, illnesses, and
disorders may be recorded on a driver's license, permit, or identification card
as medical alert information at the request of the customer:
| 1. |
Post traumatic stress disorder; |
| 6. |
Alzheimers or dementia |
| 16. |
Developmental Disability |
| 18. |
Mental Health Disability; and |
| 19. |
Other conditions as approved by the
Commissioner or his/her designee. |
|
|
| (2) |
Any person requesting the inclusion of a
medical alert notation on his or her driver's license, permit, or
identification card shall submit an application form to include a waiver of
liability for the release of any medical information to the Department, any
person who is eligible under O.C.G.A.
40-5-2
for access to such medical information as recorded on the person's driving
record, and any other person who may view or receive notice of such medical
information by virtue of having seen such person's driver's license, permit, or
identification card. Such application shall advise the person that he or she
will be consenting to the release of such medical information to anyone who
sees or copies his or her driver's license, permit, or identification card even
if such person is otherwise ineligible to access to such medical information
under state and/or federal law. |
| (3) |
Such application shall include space for a person requesting the inclusion of a
medical alert notation on his or her driver's license, permit, or
identification card to obtain a sworn statement from a person licensed to
practice medicine or psychology in this state verifying such
diagnosis. |
| (4) |
Any person who has
been issued a driver's license, permit, or identification card bearing medical
alert information may be issued a replacement driver's license, permit, or
identification card excluding such medical alert information at his or her
request and upon payment the fee provided in O.C.G.A.
40-5-31
for replacement of lost licenses. |
| (5) |
| (a) |
No
medical alert information shall be printed on or removed from a driver's
license, permit or identification card without the express consent of the
customer. |
| (b) |
If the customer is a
child under the age of eighteen (18), consent for the printing of medical alert
information shall be provided by the parent or guardian of the child when he or
she signs the application for the driver's license, permit or identification
card as required by O.C.G.A.
40-5-26. |
| (c) |
If the customer is an incapacitated
adult, consent for the printing of medical alert information shall be given by
the guardian of such adult as appointed by a court of competent
jurisdiction. |
|
| (1) |
Customers who are applying for
replacement of a lost, stolen or destroyed license, permit or identification
card must provide proof of their identity using one of the documents listed in
Ga. Comp. R. & Regs.
375-3-1-.02(3) or
any two (2) of the following:
| (b) |
Social Security
Card; |
| (c) |
Previous Year Income Tax
Return; |
| (d) |
Current Insurance
Policy or card; |
| (e) |
Current
Automobile Registration Receipt; |
| (f) |
Voter Registration Card; |
| (g) |
Military identification card or
orders. |
| (h) |
Valid Georgia Weapons
Carry License |
| (i) |
Copy of receipt
for replacement immigration document containing Alien Registration
Number |
|
| (2) |
Customers who
provided the documents required pursuant to Ga. Comp. R. & Regs.
375-3-1-.02(3) on
or since July 1, 2012 may seek a replacement of a lost, stolen or destroyed
card via alternative means as provided in Ga. Comp. R &Regs.
375-3-2-.01, et seq. |
| (3) |
Customers who provide a document pursuant
to paragraph 1(i) of this regulation must verify through SAVE (Systematic Alien
Verification for Entitlements) and will be issued a replacement credential with
an expiration date not to exceed the length of their authorized stay in the
United States, or one year if federal documentation indicates that there is no
expiration date on their immigration document. |
| (1) |
The Department adheres to the General
Assembly's position that "the strict application of rules can lead to
unreasonable, uneconomical, and unintended results in particular instances" and
authorized all state agencies to grant waivers from administrative regulations
when the application of a particular provision imposes a substantial hardship
upon an individual as set forth in O.C.G.A. § 50-13-9.1. The term "substantial
hardship" is defined as "a significant, unique, and demonstrable economic,
technological, legal, or other type of hardship to the person requesting a
variance or waiver which impairs the ability of the person to continue to
function in the regulated practice or business." O.C.G.A. § 50-13-9.1(b)(1).
Customers may petition for waivers of any administrative rule applicable to
their individual situations. |
| (2) |
Customers must submit petitions for rule waivers in writing. Such petitions
must contain the following elements:
| (a) |
The
rule from which a variance or waiver is requested; |
| (b) |
The type of action requested; |
| (c) |
The specific facts of substantial
hardship which would justify a variance or waiver for the petitioner, including
the alternative standards which the person seeking the variance or waiver
agrees to meet and a showing that such alternative standards will afford
adequate protection for the public health, safety, and welfare; and |
| (d) |
The reason why the variance or waiver
requested would serve the purpose of the underlying statute. |
|
| (3) |
If the waiver relates to the
documentary requirements of Ga. Comp. R. & Regs.
375-3-1-.02, the customer is
encouraged to include copies of the alternative documents proposed to prove his
or her identity, citizenship or residency. Suggested records include, but are
not limited to, their parents' birth and death certificates, children's birth
and death certificates, school records, employment records, business records,
court records, church records, tax records, census records, bank records,
driving records from other jurisdictions, and other similar material. If he or
she has have ever been issued a driver's license or identification card in the
State of Georgia or in any other state, the petition should address the
whereabouts of these documents. |
| (4) |
Waiver petitions must be posted for at least fifteen (15) days before voted on
by the Board of Driver Services. Waiver petitions will be resolved within sixty
(60) days unless prevented by unavoidable delay. |
| (1) |
Any customer under age eighteen (18) who
is applying for a driver's license or instructional permit shall provide
satisfactory documentation of his or her enrollment in school. Documents that
will satisfy this requirement must contain the first and last name of the
customer. These documents include, but are not limited to, the following:
| (a) |
Form DS-1, Certificate of School
Enrollment. The form must be completed and dated within the past six (6)
months. |
| (b) |
Transcript provided by
the customer's most recent school of attendance. |
| (c) |
Most recent progress or grade
report. |
| (d) |
Current school
identification card issued by the school or school system. |
| (e) |
Other forms of school
identification. |
|
| (2) |
Customers under age eighteen (18) who are home-schooled may satisfy the school
requirements of O.C.G.A. § 40-5-22
by supplying a Certificate of Enrollment from the Georgia Department of
Education or a Declaration of Intent To Utilize a Home Study Program filed with
the Georgia Department of Education. |
| (a) |
Veterans from all branches of the armed
forces of the United States, including the National Guard, who have satisfied
all other requirements for issuance of a driver's license or identification
card may be eligible to have the "veteran" designation with the American flag
symbol printed on said driver's license or identification card upon receipt by
the Department of a Certificate of Eligibility issued for said veteran by the
Georgia Department of Veteran's Services. |
| (b) |
To receive the Certificate of
Eligibility, a veteran must provide either a Form DD-214 (Certificate of
Release or Discharge from Active Duty) which indicates an honorable discharge
date of January 1, 1950 or later, or a "Certificate of Discharge" or "Enlisted
Separation Paper" which indicates an honorable discharge prior to January 1,
1950. |
| (c) |
For the purposes of this
regulation, veterans with either active duty service or reserve status may be
eligible for the "veteran" designation. |
| (d) |
Once eligibility is established pursuant
to subsection (b), the licensee need not reestablish eligibility. |
| (a) |
When a customer completes an online
license or permit issuance event (issuance, renewal, replacement, or
reinstatement), and the license status is shown as Valid, a receipt will be
available for printing by the customer, and will be sent via email to the
customer. |
| (b) |
Said receipt may be
presented to law enforcement personnel for a period of forty-five (45) days to
meet the requirement of having a driver's license in the driver's immediate
possession while operating a motor vehicle when valid driving privileges have
been confirmed by either the Department or the Georgia Crime Information Center
(GCIC), pursuant to O.C.G.A. § 40-5-29. |
| 1. |
The application of any person under the age of eighteen (18) years for an
identification card, instruction permit, or driver's license must be signed and
verified by a parent or guardian of the applicant before a person authorized to
administer oaths or, in the event there is no parent or guardian, by another
responsible adult. |
| 2. |
For purposes
of this rule, the term "responsible adult" shall mean a person who is eighteen
(18) years of age or older, competent to verify the application, and has
personal knowledge of the applicant.
| a. |
A
person who may qualify as a responsible adult may include, but not necessarily
be limited to:
| i. |
a social worker who has
worked with or assisted the applicant; |
| ii. |
an employee of a homeless shelter where
the applicant has resided; |
| iii. |
a
step-parent of the applicant, as verified by a valid marriage license or
certificate, or other such document demonstrating that the stepparent
is married to a parent of the applicant; |
| iv. |
Such other persons whose identity can be
verified by a state agency or official school official or certified school
records, or documentation from a federal agency or entity |
|
|
| 3. |
For an applicant committed to
the care, custody, or control of the Department of Human Services (DHS) or the
Department of Juvenile Justice (DJJ), a responsible adult may bean employee of
the Division of Family and Children Services of the Department of Human
Services (DFCS), an employee of DJJ, or an employee of a child-caring
institution or a group-facility, as defined in O.C.G.A. § 49-5-3, or a caregiver, as defined
in O.C.G.A. § 49-5-3. Such responsible adult
must also submit employee identification to verify employment. |
| 4. |
The person who signs as the responsible
adult for a minor or person under eighteen (18) years of age will be asked to
submit a state issued identification card or other documents to verify or
confirm his or her identity. A person who is a responsible adult based on his
or her employment must also submit an employee identification card to verify
employment. |
| 5. |
In conjunction with
the application, the Department may require the responsible adult to submit an
affidavit stating the responsible adult's relationship to the minor and reasons
why a parent or guardian is unable to sign and verify the application. Reliable
documentation showing why a parent or guardian is unable to sign and verify the
application may also be required. |
| 6. |
An emancipated minor, who can show court
documentation to verify emancipation, is not required to have a parent,
guardian, or responsible adult sign or verify the application of the
emancipated minor. |
| 7. |
A minor or
person under the age of eighteen (18) years of age is not required to have a
parent, guardian, or responsible adult sign or verify their application for
identification card, instruction permit, or driver's license if the minor:
| b. |
is on active duty with the armed forces of
the United States |
| c. |
is emancipated
by court order pursuant to a petition filed with a juvenile court |
|
| 1. |
All Open Records Request must be made in accordance with O.C.G.A. § 50-18-70 et. seq. Open Records
requests to the Department of Driver Services shall be submitted and addressed
to the Open Records Officer.
| a. |
Requests shall
be submitted to the Open Records Officer using one of the following methods:
| i. |
e-mail to:
DDSopenrecords@dds.ga.gov; |
| ii. |
fax
to: (678) 413-8773; |
| iii. |
or by U.S.
Mail to:
Legal Division
ATTN: Open Records Officer
Department of Driver Services
P.O. Box 80447
Conyers, Georgia 30013
|
|
|
| 2. |
The request should include the
Requestor's name, mailing address, contact telephone number, and list of
records requested. |
| 3. |
DDS will
provide a response within a reasonable amount of time, not to exceed three
business days of receiving the written request addressed to the Open Records
Officer.
| a. |
In accordance with the Open
Records Act a reasonable fee may be charged for search, redactions, retrieval,
production, copying and other direct administrative costs for fulfillment of
the request. |
| b. |
Driving histories,
motor vehicle records (MVR), and other personal information maintained by DDS
are not subject to open records. |
|
| 4. |
The release of all information maintained
by DDS will be limited by provisions set forth in state and federal
law. |
| 1. |
For each application for an instruction
permit or driver's license, except as provided in O.C.G.A. § 40-5-25(b)(2),
the department shall collect fees as follows:
| (a) |
For instruction permits for Classes C, E,
F, and M drivers' licenses and for Class D drivers' licenses..............
$10.00 |
| (b) |
For up to five-year
Classes C, E, F, and M noncommercial drivers'
licenses............................. $20.00 |
| (c) |
For eight-year Classes C, E, F, and M
noncommercial drivers'
licenses.................................................. $32.00 |
| (d) |
For application for Classes A, B, C, and
M commercial drivers' licenses or a Class P commercial driver's instruction
permit........ $35.00 |
| (e) |
For Class
P commercial drivers' instruction permits for Classes A, B, C, and M commercial
drivers' licenses................... $10.00 |
| (f) |
For up to five-year Classes A, B, C, and
M commercial drivers' licenses, initial issuance requiring a road
test........... $70.00 |
| (g) |
For
eight-year Classes A, B, C, and M commercial drivers' licenses, initial
issuance requiring a road test........... $82.00 |
| (h) |
For up to five-year Classes A, B, C, and
M commercial drivers' licenses, initial issuance not requiring a road
test....... $20.00 |
| (i) |
For
eight-year Classes A, B, C, and M commercial drivers' licenses, initial
issuance not requiring a road test....... $32.00 |
| (j) |
For renewal of up to five-year Classes A,
B, C, and M commercial drivers' licenses................... $20.00 |
| (k) |
For renewal of eight-year Class A, B, C,
and M commercial drivers' licenses.......................... $32.00 |
| (l) |
For renewal of up to five-year Classes C,
E, F, and M noncommercial drivers' licenses............................
$20.00 |
| (m) |
For renewal of
eight-year Classes C, E, F, and M noncommercial drivers'
licenses.............................. $32.00 |
| (n) |
Initial issuance of Classes A, B, C, and
M commercial drivers' licenses and Class P commercial drivers' instruction
permits shall include all endorsement fees within the license fee. Each
endorsement added after initial licensing..........................
$5.00 |
| (o) |
Issuance of temporary
driving permit or identification card issued pursuant to O.C.G.A. § 40-5-21.1..........
$50.00 |
|
| 2. |
For each
application for a personal identification card, the department shall collect a
fee of $20.00 or $32.00 except as provided in O.C.G.A. §§ 40-5-103(b),(c), and
(d). |
| 3. |
Customers may request a refund in-person
from the Department at a Customer Service Center (CSC), by telephone through
the DDS contact center, or by mail to the Department.
| (a) |
Refunds must be requested by submitting a
completed DDS designated "Request for Refund" form |
| (b) |
Refunds will be considered in the
following circumstances:
| ii. |
Ineligibility for ALS
hearings |
| iii. |
Errors by a CSC Team
Member |
| iv. |
Duplicate payments for
one transaction or service |
| v. |
Reinstatement paid pre-effective date |
| vi. |
Incorrect purchase if refund is requested prior to
processing of the purchased card |
| vii. |
Administrative reversal of suspension or license
withdrawal if fee is no longer being required. |
|
| (c) |
Customers who submit payments online or
by mobile application (app) are eligible for refunds until midnight of the day
of purchase. However, all refund requests will be considered if the request
meets the requirements of paragraph (3)(b). |
| (d) |
Processing time for refund requests may
take up to 30 calendar days from the date of the refund request. |
| (e) |
Refunds may be delivered to the payer or
customer electronically or by mail. |
| (f) |
Refunds will be delivered to the payer if
payment is made in any form other than cash. Cash payments will be refunded by
check to the customer of record for the transaction. |
|
