Georgia Code
Article 2 - Issuance, Expiration, and Renewal of Licenses
§ 40-5-22. Requirements for Issuance of Instruction Permit or Driver’s License to Person Under 18 Years of Age; Authority of Department to Issue or Renew a Driver’s License, Probationary License, Limited Driving Permit, or Ignition Interlock Device L...

(a.1) (1) The department shall not issue an instruction permit or driver’s license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or driver’s license the applicant presents acceptable proof that he or she has received a high school diploma, a state approved high school equivalency (HSE) diploma, a special diploma, or a certificate of high school completion or has terminated his or her secondary education and is enrolled in a postsecondary school, is pursuing a state approved high school equivalency (HSE) diploma, or the records of the department indicate that said applicant:
(a.2) (1) Except as otherwise provided in paragraph (2) of this subsection, the department shall not issue any initial Class D driver’s license or, in the case of a person who has never been issued a Class D driver’s license by the department or the equivalent thereof by any other jurisdiction, any initial Class C driver’s license to a person under 18 years of age unless such person:
The department shall notify such minor of his or her ineligibility for an instruction permit or driver’s license at the time of such application.
(2) The State Board of Education and the commissioner of driver services are authorized to promulgate rules and regulations to implement the provisions of this subsection.
(3) The Technical College System of Georgia shall be responsible for compliance and noncompliance data for students pursuing a state approved high school equivalency (HSE) diploma.
(A) Is at least 16 years of age;
(B) Has completed a driver education course;
(2) Any person under 18 years of age who has in his or her immediate possession a valid license equivalent to a Class C license issued to him or her in another state or country shall be entitled to receive a Class C license.
(3) The commissioner shall by rule or regulation provide for the approval of courses from other states to satisfy the requirements of this Code section for any child moving into this state within nine months of his or her sixteenth birthday when the child’s parent is in the active military service of the United States.
(4) For purposes of supervised driving experience under paragraph (1) of this subsection, supervision shall be provided by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver.
(d) The department is authorized to issue a limited driving permit to an applicant whose license is currently under suspension or revocation in any other jurisdiction upon grounds which would authorize the suspension or revocation of a license under this chapter, provided that the applicant is otherwise eligible for such limited driving permit in accordance with subsection (a) of Code Section 40-5-64 and paragraph (1) or (2) of subsection (a) of Code Section 40-5-64.1.
(e) The department may issue a probationary license, limited driving permit, or ignition interlock device limited driving permit to any individual whose driver’s license is expired; provided, however, that he or she is otherwise eligible for such probationary license, limited driving permit, or ignition interlock device limited driving permit pursuant to Code Section 40-5-58, 40-5-64, 40-5-64.1, 40-5-75, or 40-5-76.
History. Ga. L. 1937, p. 322, art. 4, § 2; Ga. L. 1966, p. 12, § 1; Code 1933, § 68B-203, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1983, p. 745, § 2; Ga. L. 1984, p. 22, § 40; Ga. L. 1986, p. 839, § 1; Ga. L. 1989, p. 519, § 6; Ga. L. 1990, p. 2048, § 4; Ga. L. 1991, p. 321, § 1; Ga. L. 1994, p. 97, § 40; Ga. L. 1997, p. 760, § 10; Ga. L. 2000, p. 951, § 5-5; Ga. L. 2000, p. 1589, § 3; Ga. L. 2001, p. 184, § 1-1; Ga. L. 2004, p. 107, § 21B; Ga. L. 2005, p. 60, § 40/HB 95; Ga. L. 2005, p. 334, § 17-4/HB 501; Ga. L. 2005, p. 798, § 22/SB 35; Ga. L. 2005, p. 1461, § 3/SB 226; Ga. L. 2006, p. 72, § 40/SB 465; Ga. L. 2006, p. 343, § 3/SB 637; Ga. L. 2006, p. 449, § 2/HB 1253; Ga. L. 2008, p. 171, § 2/HB 1111; Ga. L. 2008, p. 335, § 6/SB 435; Ga. L. 2008, p. 589, § 1/HB 969; Ga. L. 2010, p. 199, § 1/HB 258; Ga. L. 2011, p. 355, § 2/HB 269; Ga. L. 2011, p. 752, § 40/HB 142; Ga. L. 2012, p. 72, § 2/SB 236; Ga. L. 2014, p. 432, § 2-13/HB 826; Ga. L. 2015, p. 60, § 4-8/SB 100; Ga. L. 2016, p. 323, § 2-1/HB 205; Ga. L. 2017, p. 184, § 2/HB 136; Ga. L. 2017, p. 774, § 40/HB 323; Ga. L. 2018, p. 550, § 2-9/SB 407; Ga. L. 2021, p. 403, § 3/HB 466; Ga. L. 2022, p. 168, § 7/SB 397.
The 2016 amendment, effective July 1, 2017, in subsection (d), substituted “subsection (a) of Code Section 40-5-64 and paragraph (1) or (2) of subsection (a) of Code Section 40-5-64.1” for “paragraph (1) of subsection (a) of Code Section 40-5-64” at the end.
The 2017 amendments.
The first 2017 amendment, effective July 1, 2017, deleted the last sentence in paragraphs (b)(1) and (b)(2), which read: “The department shall require satisfactory proof that the physically impaired parent or guardian previously held a valid driver’s license in the State of Georgia, another state, or the District of Columbia before issuing an instructional permit pursuant to this paragraph.” The second 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, revised language in paragraphs (b)(1) and (b)(2). See Editor’s notes regarding the effect of these amendments.
The 2018 amendment, effective July 1, 2018, added subsection (e).
The 2021 amendment, effective July 1, 2021, rewrote subsections (a) and (a.2).
The 2022 amendment, effective July 1, 2022, substituted “state approved high school equivalency (HSE)” for “general educational development (GED)” twice in paragraph (a.1)(1) and once in paragraph (a.1)(3).
Cross references.
Driver education course included for purposes of enrollment counts of public school students, § 20-2-160 .
School attendance reports, §§ 20-2-320 , 20-2-690 , 20-2-697 , 20-2-701 .
Graduated licensing and related restrictions, § 40-5-24 .
Applications of minors, § 40-5-26 .
Suspension of licenses of persons under age 21 for certain offenses, § 40-5-57.1 .
Editor’s notes.
Ga. L. 1997, p. 760, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Teen-age and Adult Driver Responsibility Act’.”
Ga. L. 1997, p. 760, § 27, provides that the amendment made by the Act to this Code section shall apply to offenses committed on or after July 1, 1997, and shall not apply to offenses committed prior to that date, except that subsection (a.1) of this Code section became effective January 1, 1998.
Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.
Ga. L. 2005, p. 1461, § 7/SB 226, provides that the fourth 2005 amendment, as amended by Ga. L. 2006, p. 343, § 3/SB 637, becomes effective on January 1, 2007, subject to available funds. Funds were appropriated at the 2006 session of the General Assembly.
Ga. L. 2005, p. 1461, § 6/SB 226, not codified by the General Assembly, provides: “The provisions of this Act shall not apply to or otherwise affect any valid license or instructional permit which has been issued to any person by this state and which is in effect on the effective date of this Act. On and after the effective date of this Act, no new license or instructional permit shall be issued except in compliance with the provisions of this Act.”
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. 2017, p. 774, § 54(e)/HB 323, not codified by the General Assembly, provides: “In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2017 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.” Accordingly, the amendment to subsection (b) of this Code section by Ga. L. 2017, p. 774, § 40/HB 323, was not given effect.
Administrative rules and regulations.
Regular studies, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Student Support, Rule 160-4-8-.14.
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 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 45 (2018).
For annual survey on criminal law, see 70 Mercer L. Rev. 63 (2018).
For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 205 (2001).