| 1 | 1 | | 25 LC 39 4576 |
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| 2 | 2 | | House Bill 667 |
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| 3 | 3 | | By: Representatives Anderson of the 10 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Erwin of the 32 |
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| 6 | 6 | | nd |
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| 7 | 7 | | , Gambill of the 15 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Scoggins |
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| 10 | 10 | | of the 14 |
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| 11 | 11 | | th |
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| 12 | 12 | | , Bonner of the 73 |
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| 13 | 13 | | rd |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, |
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| 18 | 18 | | 1 |
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| 19 | 19 | | relating to commercial drivers' licenses, so as to provide standards for liability of an2 |
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| 20 | 20 | | employer or insurance provider for actions relating to a commercial vehicle driver; to provide3 |
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| 21 | 21 | | for definitions; to provide for related matters; to repeal conflicting laws; and for other4 |
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| 22 | 22 | | purposes.5 |
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| 23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 24 | 24 | | SECTION 1.7 |
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| 25 | 25 | | Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to8 |
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| 26 | 26 | | commercial drivers' licenses, is amended by revising Code Section 40-5-145, relating to9 |
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| 27 | 27 | | duties of employer, as follows:10 |
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| 28 | 28 | | "40-5-145.11 |
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| 29 | 29 | | (a) Each employer shall require every commercial motor vehicle driver applicant to12 |
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| 30 | 30 | | provide the information specified in subsection (d) of Code Section 40-5-144.13 |
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| 31 | 31 | | (b) No employer may knowingly allow, require, permit, or authorize a driver to drive a14 |
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| 32 | 32 | | commercial motor vehicle during any period:15 |
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| 33 | 33 | | H. B. 667 |
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| 34 | 34 | | - 1 - 25 LC 39 4576 |
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| 35 | 35 | | (1) In which the driver has a driver's license suspended, revoked, or canceled by a any16 |
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| 36 | 36 | | state; has lost the privilege to drive a commercial motor vehicle in a any state; or has been17 |
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| 37 | 37 | | disqualified from driving a commercial motor vehicle;18 |
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| 38 | 38 | | (2) In which the driver has more than one driver's license;19 |
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| 39 | 39 | | (3) In which the driver, or the commercial motor vehicle that he or she is driving, or the20 |
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| 40 | 40 | | motor carrier operation, is subject to an out of service order; or21 |
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| 41 | 41 | | (4) In violation of a federal, state, or local law or regulation pertaining to22 |
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| 42 | 42 | | railroad-highway grade crossings.23 |
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| 43 | 43 | | (c)(1) As used in this subsection, the term:24 |
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| 44 | 44 | | (A) 'Driver's record' means investigation of a driver's safety performance history25 |
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| 45 | 45 | | through an enumeration of accidents and convictions of moving traffic violations as26 |
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| 46 | 46 | | provided by the department pursuant to Code Section 40-5-2.27 |
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| 47 | 47 | | (B) 'Federal requirements' means the number of years an employer of a commercial28 |
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| 48 | 48 | | motor vehicle driver is required to investigate of a driver's record pursuant to federal29 |
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| 49 | 49 | | law.30 |
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| 50 | 50 | | (2) For purposes of establishing liability of any employer or insurance provider in a civil31 |
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| 51 | 51 | | action relating to the holder of a commercial driver's license, use of:32 |
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| 52 | 52 | | (A) The driver's record shall be limited to federal requirements; and33 |
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| 53 | 53 | | (B) Any vehicle global positioning system data or video recordings, including34 |
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| 54 | 54 | | electronic control module data and any onboard electronic recording devices, shall be35 |
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| 55 | 55 | | limited to the date an accident or moving violation occurred."36 |
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| 56 | 56 | | SECTION 2.37 |
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| 57 | 57 | | All laws and parts of laws in conflict with this Act are repealed.38 |
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| 58 | 58 | | H. B. 667 |
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| 59 | 59 | | - 2 - |
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