25 LC 52 0785
House Bill 585
By: Representatives Jones of the 47
th
, Jones of the 25
th
, Martin of the 49
th
, Thomas of the 21
st
,
and Gaines of the 120
th
A BILL TO BE ENTITLED
AN ACT
To amend Titles 33 and 40 of the Official Code of Georgia Annotated, relating to insurance
1
and motor vehicles and traffic, respectively, so as to provide for an excluded driver under a2
motor vehicle insurance policy; to provide for definitions; to require an insurer to identify3
any excluded drivers in proof or evidence of required minimum insurance coverage; to4
provide for rules; to provide a penalty for an excluded driver operating a motor vehicle5
without proof of insurance; to provide for a penalty for an excluded driver operating a6
vehicle without insurance; to provide for related matters; to repeal conflicting laws; and for7
other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in11
Chapter 7, relating to kinds of insurance, limits of risks, and reinsurance, by adding a new 12
Code section to read as follows:13
"33-7-16.
14
(a) As used in this Code section, the term:15
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(1) 'Excluded driver' means any named individual expressly excluded from coverage16
under a motor vehicle insurance policy.17
(2) 'Motor vehicle insurance policy' means an automobile liability policy or motor18
vehicle liability policy issued, delivered, or issued for delivery in this state to the owner19
of a vehicle which provides at least the minimum bodily injury, death, and property20
damage liability coverage as required by Code Section 33-7-11.21
(b) An insurer may exclude a named individual from coverage under a motor vehicle22
insurance policy, provided that such insurer includes a designation that identifies such23
named individual as an excluded driver in the proof of required minimum insurance24
coverage under Code Section 40-6-10.25
(c) The Commissioner shall promulgate rules and regulations necessary to implement the26
provisions of this Code section."27
SECTION 2.28
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is29
amended in Chapter 6, relating to uniform rules of the road, by revising paragraph (6) of30
subsection (a) and subsection (b) of Code Section 40-6-10, relating to insurance requirements31
for operation of motor vehicles generally, as follows:32
"(6) If a law enforcement officer of this state determines that the owner or operator of a33
motor vehicle subject to the provisions of this Code section does not have proof or34
evidence of required minimum insurance coverage or that the operator of such motor35
vehicle is an excluded driver under the motor vehicle insurance policy for such vehicle36
and does not have other proof of insurance, the arresting officer shall issue a uniform37
traffic citation for operating a motor vehicle without proof of insurance. If the court or38
arresting officer determines that the operator is not the owner, then a uniform traffic39
citation may be issued to the owner for authorizing the operation of a motor vehicle40
without proof of insurance."41
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"(b) An owner or any other person who knowingly operates or knowingly authorizes
42
another to operate a motor vehicle without effective insurance on such vehicle or without43
an approved plan of self-insurance or an operator of a motor vehicle who is an excluded
44
driver under the motor vehicle insurance policy for such vehicle and who does not have45
other effective insurance shall be guilty of a misdemeanor and, upon conviction thereof,46
shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment47
for not more than 12 months, or both. An operator of a motor vehicle shall not be guilty48
of a violation of this Code section if such operator maintains a policy of motor vehicle49
insurance which extends coverage to any vehicle the operator may drive. An owner or50
operator of a motor vehicle shall not be issued a citation by a law enforcement officer for51
a violation of this Code section if the sole basis for issuance of such a citation is that the52
law enforcement officer is unable to obtain insurance coverage information from the53
records of the Department of Revenue."54
SECTION 3.55
All laws and parts of laws in conflict with this Act are repealed.56
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