This bill
passed the super-majority Republican state Senate yesterday with zero (0) “NAY”
votes. There were four excused absences.
16 SB320/CSFA/1 S. B. 320
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Senate Bill 320
By: Senators Watson of the 1st, Harper
of the 7th, Beach of the 21st, Ginn of the 47th, Miller of the 49th and others
AS PASSED
SENATE
A BILL TO BE ENTITLED AN ACT
1 To amend Article 2 of Chapter 5 of
Title 40 of the Official Code of Georgia Annotated,
2 relating to issuance, expiration, and
renewal of licenses, so as to revise the exemptions
3 afforded to nonresidents who have in
their immediate possession a valid driver's license
4 issued to them in their home state or
country; to provide for certain presumptions of validity
5 of a driver's license issued by the
driver's licensing authority of a foreign country; to provide
6 for exceptions; to provide for related
matters; to provide for an effective date; to repeal
7 conflicting laws; and for other
purposes.
8 BE IT ENACTED BY THE GENERAL ASSEMBLY
OF GEORGIA:
9 SECTION 1.
10 Article 2 of Chapter 5 of Title 40 of
the Official Code of Georgia Annotated, relating to
11 issuance, expiration, and renewal of
licenses, is amended by revising paragraph (2) of
12 subsection (a) of Code Section
40-5-21, relating to exemptions generally, as follows:
13 "(2) A nonresident who has in
his or her immediate possession a valid driver's license
14 issued to him or her in his or her
home state or country; provided, however, that such
15 person would otherwise satisfy all requirements
to receive a Georgia driver's license and,
16 if such nonresident driver's license
is in a language other than English, the nonresident
17 also has in his or her immediate
possession a valid international driving permit which
18 conforms to and has been issued in
accordance with the provisions of the Convention on
19 Road Traffic, 3 U.S.T. 3008, TIAS
2487, or any similar such treaty, international
20 agreement, or reciprocal agreement
between the United States and a foreign nation
21 concerning driving privileges of
nonresidents; and provided, further, that in the case of
22 a driver's license issued by the
driver's licensing authority of a foreign country, any
23 applicable requirements of Code
Section 40-5-21.3 are satisfied."
24 SECTION 2.
25 Said article is further amended by
adding a new Code section to read as follows:
26 "40-5-21.3.
16 SB320/CSFA/1
S. B. 320
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27 (a) If a nonresident has in his or
her immediate possession a driver's license issued by the
28 driver's licensing authority of a
foreign country, and a law enforcement officer is unable
29 to verify the validity of such
license through electronic or other means, such license shall
30 be presumed to be valid if the
nonresident also:
31 (1) Is a national of a country that
has been designated by the United States Department
32 of Homeland Security, or its
successor agency, as a participant in the visa waiver program
33 and such nonresident has in his or
her possession a valid passport from such country with
34 documentation evidencing lawful entry
into the United States that is dated within 90 days
35 of the date of the officer's
inspection of such license;
36 (2) Has in his or her immediate
possession a nonimmigrant visa and a valid passport
37 from such country with documentation
evidencing lawful entry into the United States that
38 is dated within 12 months of the date
of the officer's inspection of such license;
39 (3) Has in his or her immediate
possession a valid international driving permit which
40 conforms to, and has been issued in
accordance with, the provisions of the Convention
41 on Road Traffic, 3 U.S.T. 3008, TIAS
2487, or any similar such treaty, international
42 agreement, or reciprocal agreement
between the United States and a foreign country
43 concerning driving privileges of
nonresidents and documentation evidencing lawful entry
44 into the United States that is dated
within 12 months of the date of the officer’s inspection
45 of such license;
46 (4) Has in his or her immediate
possession a certification in English that the nonresident
47 driver's license is valid which has
been made by a diplomatic or consular official who is
48 assigned or accredited to the United
States from the foreign country that issued the
49 driver's license with documentation
evidencing lawful entry into the United States that
50 is dated within 12 months of the date
of the officer's inspection of such license; or
51 (5) Has in his or her immediate
possession a certification in English as to the validity of
52 his or her foreign nonresident
driver's license made by an official designated by the
53 commissioner or the commissioner of
economic development.
54 (b) The presumption of the validity
of a foreign nonresident driver's license may be
55 rebutted by other facts showing that
the nonresident foreign driver is not authorized to
56 operate a motor vehicle in the United
States under the provisions of the Convention on
57 Road Traffic, 3 U.S.T. 3008, TIAS
2487, or any similar such treaty, international
58 agreement, or reciprocal agreement
between the United States and a foreign country
59 concerning driving privileges of
nonresidents.
60 (c) If a nonresident driver is
charged with a violation of Code Section 40-5-20 and such
61 driver had in his or her immediate
possession a driver's license issued by the driver's
62 licensing authority of a foreign
country at the time of the offense, such charge shall be
63 dismissed if:
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S. B. 320
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64 (1) The nonresident foreign driver
provides the prosecuting attorney, or the court in
65 which such offense has been charged,
with a certification in English as to the validity of
66 his or her foreign nonresident
driver's license on the date of such offense, whereupon
67 such certification is made by a
diplomatic or consular official of such foreign country
68 who is assigned or accredited to the
United States; and
69 (2) Evidence exists that such
nonresident foreign driver was otherwise authorized to
70 operate a motor vehicle in the United
States under the provisions of the Convention on
71 Road Traffic, 3 U.S.T. 3008, TIAS
2487, or any similar such treaty, international
72 agreement, or reciprocal agreement
between the United States and a foreign country
73 concerning driving privileges of
nonresidents and documentation evidencing lawful entry
74 into the United States that is dated
within 12 months of the date of the officer’s inspection
75 of such license; or
76 (3) The validity of the driver's
license of such nonresident foreign driver on the date of
77 such offense is confirmed by a means
of verification established by the commissioner by
78 regulation."
79 SECTION 3.
80 This Act shall become effective on
January 1, 2017.
81 SECTION 4.
82
All laws and parts of laws in conflict with this Act are repealed.
Driving Abroad
It is illegal to drive without a valid license
and insurance in most countries. Many countries do not recognize U.S. driver's
licenses. Some, however,
will accept an International Driving Permit. You can read additional
information about auto insurance and International Driving Permits below.
International Driving Permits may not be valid for the length of your stay
abroad, and are often only valid if presented along with a valid U.S. or local
license. So it is a good idea to plan ahead and check on the requirements for
using your current license or qualifying for a local driver's license in the
country you will be visiting or residing in. You should check with the Embassy of the country you plan to visit or reside in to find specific information about
driver's license requirements. Foreign embassy and consulate contact
information can also be found on the Country Information
page for each
country.
Auto Insurance
Car rental companies overseas can usually provide auto insurance, but in
some countries, the required coverage is minimal. When renting a car overseas,
consider purchasing additional insurance coverage that is at least equivalent
to what you carry at home.
In general, your U.S. auto insurance does NOT cover you abroad; however,
your policy may apply when you drive to countries neighboring the United
States. Check with your insurer before you leave to see if your policy covers
you in Canada, Mexico, or elsewhere.
Even if your policy is valid in a particular country, it may not meet that
country's minimum requirements. If you are under-insured, you can usually
purchase additional auto insurance in the United States or in your destination
country.
International Driving Permits
Although many countries do not recognize U.S. driver's licenses, most
countries accept an International Driving Permit (IDP). An IDP functions as an official translation of a
U.S. driver's license into 10 foreign languages.
Before departure, you can obtain an IDP at a local office of one of the two
automobile associations authorized by the U.S. Department of State:
To apply for an IDP, you must:
·
be age 18 or over
·
present two passport-size photographs and
·
present your valid U.S. driver’s license
The cost of an IDP from these organizations is less than $20.00.
Tips on Driving Abroad
·
Obtain an International Driving Permit (IDP).
·
Carry both your IDP and your U.S. state driver's license
with you at all times, since many countries have different driving rules.
·
Try to obtain a copy of the foreign country's driving
laws before you begin driving in that country. Information may be
available from the country's embassy
or consulates in the United States, foreign government tourism offices, or from a car
rental company in the foreign country.
·
Certain countries require special road permits instead of
tolls to use their divided highways (the equivalent of our interstate highway
system). Authorities may fine those found driving without a permit.
·
Always "buckle up." Some countries have
penalties for people who violate the seatbelt law.
·
If you rent a car, make sure you have sufficient
liability insurance.
·
If the drivers in the country you are visiting drive on
the left side of the road, it may be prudent to practice driving in a less
populated area of the destination country before attempting to drive in heavy
traffic.
·
Always know the route you will be traveling. Have a good
road map, and chart your course before beginning.
·
Use common road safety sense: Do not pick up
hitchhikers or strangers, and be aware of your surroundings when entering or
exiting your vehicle.
Norb’s Comments
Driving in
Germany with a US License
We are looking
a SB 320 and agree with letting foreign visitors use their own drivers’
licenses to drive in the US. We need to
look at the rest of the Bill, but it beats giving foreigners a US drivers’
licenses for lots of reasons, like voter and US welfare fraud.
I have had
some experience driving overseas and liked the fact that I was able to use my
own US drivers’ license to do this.
In 1993, my
wife Marlene and I took a business trip to Germany. I went to set up a
subsidiary and interview 14 Sales Manager candidates. We flew from Atlanta to
Frankfurt and got a rental car. The
rental car agent gave us a German to English brochure of their standard traffic
signs, took copies of our US Drivers’ Licenses and Passports and put us on
their Mastercard billing system. We didn’t have to pass a “drivers test”. We had booked our first 7 days at a hotel in
Russelsheim near Frankfurt and the next 7 days at the Steigenberger Park Hotel
in Dusseldorf. Half of my candidates and
the Stuttgart law firm were close to Frankfurt.
The other half of my candidates were closer to Dusseldorf and our
subsidiary office in Julich. I did all
of my interviews in the restaurant facilities at my hotels. This plan enabled us to take control of our
schedule and really get to know Germany.
Germans didn’t
resent the fact that we could do this.
It was a practical solution to making it easier for non-Germans to tour
and do business in Germany. We enjoyed
the freedom from train schedules and public transit. We were never stopped by the German Police,
but we assume they would have enough experience to handle us.
This story is
meant to give some input to SB 320. - Norb Leahy, 2/17/26
Other Comments
Code Section 40-5-21 – relating to issuance, expiration, and renewal of
(drivers) licenses.
Dropped Tuesday, Feb 2, 2016. (Groundhog Day)
Sponsors:
(1) Watson, Ben 1st
(2) Harper, Tyler 7th
(3) Beach, Brandon 21st
(4) Ginn, Frank 47th
(5) Miller, Butch 49th
(6) Dugan, Mike 30th (Gov. Deal floor leader)
(1) Watson, Ben 1st
(2) Harper, Tyler 7th
(3) Beach, Brandon 21st
(4) Ginn, Frank 47th
(5) Miller, Butch 49th
(6) Dugan, Mike 30th (Gov. Deal floor leader)
Passed out of the Senate Public Safety Committee — (Tyler Harper , Chairman) on Tuesday, Feb 9, 2016. Elapsed time from introduction: five legislative days. History
HERE.
Voted on floor Tuesday, Feb 16, 2016, with a floor amendment from Senator Mike Crane. Elapsed time from committee
approval: two legislative days (the senate was not in session Friday,
Feb. 12 or Monday, Feb 15).
State law
already says that licensed drivers from
nations with a reciprocal agreement with Georgia DDS are exempt from taking the Georgia
Knowledge (written) and road tests for a drivers license. Koreans with a Korean
drivers license, for example, are not required to take the same tests Americans
are to obtain a Georgia drivers license.
Translation: The Georgia Chamber of Commerce: “We don’t want to bother anybody by insuring they can pass our drivers
tests…We can make mo’ money if we allow other nations to decide who can drive
in Georgia when they do bidness….” This part became law in 2012 (?) and
was shot out of Gov. Deal’s office almost as fast as this 2016 bill. Senator
David Shafer called me before session began to take my temperature on the idea.
It passed anyway…
Adds language
to law that says if a law enforcement officer cannot verify the validity of a
foreign drivers license (they cannot, see further down), written in a foreign
language, that license shall be presumed to be valid if the driver/bearer also:
* Comes from a
country that participates in the visa waiver program and has in his possession a valid
passport from that country with documentation evidencing lawful entry into
the United States that is dated within 90 days of the date of the officer’s
inspection of such license;
or
* Has in his immediate possession a nonimmigrant (temporary) visa and a valid passport from such country with documentation evidencing lawful entry into the United States that is dated within 12 months of the date of the officer’s inspection of such license;
or
*Has an “International Drivers Permit” –NOTE: An IDP is merely a translation of the foreign language DL into English.
or
* Has in his immediate possession a nonimmigrant (temporary) visa and a valid passport from such country with documentation evidencing lawful entry into the United States that is dated within 12 months of the date of the officer’s inspection of such license;
or
*Has an “International Drivers Permit” –NOTE: An IDP is merely a translation of the foreign language DL into English.
or
* Has in his
or her immediate possession a certification in English that the nonresident
driver’s license is valid from a
foreign consular official – like a Mexican consular official here in Atlanta – along with
“documentation” showing lawful entry into the United States that is dated
within 12 months of the date of the officer’s inspection of such license.
Translation: A cop on the
street is would now be expected to be an expert in
national immigration and visa documents and know that they are not expired, extended or fake.
And we are now handing over investigative power to and trusting consular officials
from nations that depend on their citizens to send money back home from the
Georgia and the USA to assure our
law enforcement personnel that a driver license is real and valid.
or
And, this is my favorite part:
* Has “certification” in English as to the validity of his foreign language, foreign-issued, nonresident driver’s license made by an official designated by the commissioner of DDS or the commissioner of economic development.
or
And, this is my favorite part:
* Has “certification” in English as to the validity of his foreign language, foreign-issued, nonresident driver’s license made by an official designated by the commissioner of DDS or the commissioner of economic development.
Note: This would be
the same (current) DDS commissioner who has his official spokesperson telling
media that current policy to give illegal aliens with deferred action on
deportation a drivers license is “per the “federal
DREAM Act.” This, while the DDS legislative
liaison has been telling state legislators for two-years that “undocumented and
illegal immigrants are not eligible for a Georgia drivers license or ID.” And DDS isn’t that ambitious about following state law anyway.
And it would
be the same Gov. Nathan Deal–appointed commissioner of economic development
(Chris Carr) whose job it is to make mo’money for the Chamber of Commerce
members.
Personal note: There is
nobody in the state of Georgia is more obedient to the bosses, profit-oriented
and ‘Establishment Republican’ than Chris Carr.
I have spoken tonight to the Gwinnett County
Sheriff who kindly put me in touch with his deputy who runs the license plate
reader unit. This is a twenty-five year street Deputy Sheriff working in
Gwinnett County, Georgia, the number-one immigrant destination of Georgia.I
have been told that they have no equipment that would enable them to verify any
foreign drivers licenses and that their officers have never had any training on
deciphering or inspecting immigration visas and documents or passport stamps.
IF a driver with a foreign drivers license still happens to be cited for
a violation?
If a
nonresident driver is charged with a violation of Code Section 40-5-20 and the
driver had in his immediate possession a driver’s license issued by the foreign
country at the time of the offense, such
charge shall be dismissed if:
(1) The
nonresident foreign driver provides the prosecuting attorney, or the court,
with a certification in English as to the validity of his foreign nonresident
driver’s license on the date of such offense, whereupon such certification is
made by a diplomatic or consular official of such foreign country… and
(2) Evidence
exists that such nonresident foreign driver was otherwise authorized to operate
a motor vehicle in the United States under the provisions of the Convention on
Road Traffic, 3 U.S.T. 3008, TIAS 2487, or any similar such treaty,
international agreement, or reciprocal agreement between the United States and
a foreign country concerning driving privileges of nonresidents and
documentation evidencing lawful entry into the United States that is dated
within 12 months of the date of the officer’s inspection of such license;
or
The validity
of the driver’s license of such nonresident foreign driver on the date of such
offense is confirmed by a means of verification established by the (DDS)
commissioner by regulation.” END.
I have been told that they have no equipment that would enable them to
verify any foreign drivers licenses and that their officers have never had any
training on deciphering or inspecting immigration visas and documents.
Public safety
is not the point here. But the bill passed out of the Republican-controlled
Georgia Senate Public Safety committee and passed the senate with zero “no”
votes (off the floor with excused absence: Senators Hunter Hill, Josh McKoon,
PK Martin, David Lucas)
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