Georgia Code
Article 2 - Issuance, Expiration, and Renewal of Licenses
§ 40-5-27. Examination of Applicants

History. Ga. L. 1937, p. 322, art. 4, § 4; Ga. L. 1951, p. 598, § 3; Code 1933, § 68B-208, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1989, p. 519, § 10; Ga. L. 1990, p. 2048, § 4; Ga. L. 1992, p. 3311, § 2; Ga. L. 1996, p. 1250, § 3; Ga. L. 1997, p. 760, § 14; Ga. L. 2001, p. 184, § 1-3; Ga. L. 2004, p. 749, § 4; Ga. L. 2005, p. 334, § 17-7/HB 501; Ga. L. 2005, p. 525, § 1/HB 613; Ga. L. 2011, p. 752, § 40/HB 142; Ga. L. 2013, p. 281, § 2/HB 475; Ga. L. 2014, p. 710, § 1-7/SB 298; Ga. L. 2015, p. 60, § 4-11/SB 100; Ga. L. 2017, p. 774, § 40/HB 323; Ga. L. 2019, p. 461, § 1/SB 212; Ga. L. 2020, p. 199, § 2-4/HB 463; Ga. L. 2021, p. 403, § 6/HB 466; Ga. L. 2022, p. 352, § 40/HB 1428.
The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted “instruction permit” for “instructional permit” in the last sentence of paragraph (d)(1) and near the end of paragraph (d)(2).
The 2019 amendment, effective January 1, 2020, added a colon at the end of paragraph (d)(1); added the division (d)(1)(A)(i) designation; substituted “A classroom or online driver training course licensed by the department and which includes a minimum of 30 class hours of instruction; and” for “a driver training course which includes a minimum of 30 class hours of instruction and six hours of private in-car training” in division (d)(1)(A)(i); added division (d)(1)(A)(ii) and subparagraph (d)(1)(B); designated the former last sentence of paragraph (d)(1) as paragraph (d)(2); and redesignated former paragraph (d)(2) as present paragraph (d)(3).
The 2020 amendment, effective June 30, 2020, inserted “or political subdivision of a foreign country” in subparagraph (a)(3)(B).
The 2021 amendment, effective July 1, 2021, rewrote subsection (d), which read: “(d)(1) The department shall authorize licensed driver training schools to conduct knowledge tests, on-the-road driving skills tests, and other tests required for issuance of a driver’s license as provided in this subsection. The department shall, prior to approving a licensed driver training school to conduct tests as provided in this subsection, make a determination that the school has been licensed for a minimum of two years and has conducted driver education courses on a full-time basis for such two-year period and that such school meets all other standards which the department may establish as a condition for approval to conduct such tests. The department shall authorize a driver training school licensed pursuant to Chapter 13 of Title 43 and approved by the department to administer the on-the-road driving skills testing provided for in this Code section, provided that the applicant has successfully completed:
“(A)(i) A classroom or online driver training course licensed by the department and which includes a minimum of 30 class hours of instruction; and
“(ii) Six hours of private in-car instruction provided by a licensed instructor employed by the licensed driver training school administering such on-the-road driving skills test.
“(B) For any applicant 18 years of age or older, a minimum of six hours of private in-car instruction provided by a licensed instructor employed by the licensed driver training school administering such on-the-road driving skills test.
“(2) The department may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any Class P instruction permit, Class C driver’s license, or Class D driver’s license under this Code section.
“(3) The department may authorize public and private high schools to conduct knowledge tests required for issuance of a Class P instruction permit or Class D driver’s license or both.”
The 2022 amendment, effective May 2, 2022, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (d)(2).
Editor’s notes.
Ga. L. 1997, p. 760, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Teen-age and Adult Driver Responsibility Act’. ”
Ga. L. 1997, p. 760, § 27, not codified by the General Assembly, provides that the amendment made by the Act to this Code section shall apply to offenses committed on or after July 1, 1997, and shall not apply to offenses committed prior to that date.
Ga. L. 2001, p. 184, § 4-1, not codified by the General Assembly, provides that subsection (a) of this Code section as amended by this Act shall become effective six months after the effective date of appropriation by the General Assembly of sufficient funds for purposes of such amendment. Funds were appropriated effective July 1, 2001, at the 2001 session of the General Assembly.
Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: “Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date.”
For application of this statute in 2020, see Executive Order 04.23.20.02.
A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.
Law reviews.
For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 203 (1997).
For article on the 2013 amendment of this Code section, see 30 Ga. St. U.L. Rev. 203 (2013).
For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 205 (2001).