GA SB 320 – Unintelligible

This bill passed the super-majority Republican state Senate yesterday with zero (0) “NAY” votes. There were four excused absences.

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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.

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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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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:

·        AAA (American Automobile Association)

·        National Auto Club

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.

https://travel.state.gov/content/passports/en/go/safety/driving.html

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

Senate Bill 320 – or…”what’s that smell?”

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)

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 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.

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)