SB280: SB280 Commercial Drivers' Licenses; standards for liability of an employer or insurance provider for actions relating to a commercial vehicle driver; provide

25 LC 39 4676 Senate Bill 280 By: Senators Anavitarte of the 31st and Gooch of the 51st A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 5 of Title 40 of the Official Cod e of Georgia Annotated,1 relating to commercial drivers' licenses, so as to provide stan dards for liability of an2 employer or insurance provider for actions relating to a commercial vehicle driver; to provide3 for definitions; to provide for related matters; to repeal conf licting laws; and for other4 purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 7 of Chapter 5 of Title 40 of the Official Code of Geor gia Annotated, relating to8 commercial drivers' licenses, is amended by revising Code Secti on 40-5-145, relating to9 duties of employer, as follows:10 "40-5-145.11 (a) Each employer shall require every commercial motor vehicle driver applicant to12 provide the information specified in subsection (d) of Code Section 40-5-144.13 (b) No employer may knowingly allow, require, permit, or autho rize a driver to drive a14 commercial motor vehicle during any period:15 S. B. 280 - 1 - 25 LC 39 4676 (1) In which the driver has a driver's license suspended, revoked, or canceled by a any16 state; has lost the privilege to drive a commercial motor vehicle in a any state; or has been17 disqualified from driving a commercial motor vehicle;18 (2) In which the driver has more than one driver's license;19 (3) In which the driver, or the commercial motor vehicle that he or she is driving, or the20 motor carrier operation, is subject to an out of service order; or21 (4) In violation of a federal, state, or local law or regulati on pertaining to22 railroad-highway grade crossings.23 (c)(1) As used in this subsection, the term:24 (A) 'Driver's record' means investigation of a driver's safety performance history25 through an enumeration of accidents and convictions of moving t raffic violations as26 provided by the department pursuant to Code Section 40-5-2.27 (B) 'Federal requirements' means the number of years an employ er of a commercial28 motor vehicle driver is required to investigate of a driver's r ecord pursuant to federal29 law.30 (2) For purposes of establishing liability of any employer or insurance provider in a civil31 action relating to the holder of a commercial driver's license, use of:32 (A) The driver's record shall be limited to federal requirements; and33 (B) Any vehicle global positioning system data or video record ings, including34 electronic control module data and any onboard electronic recording devices, shall be35 limited to the date an accident or moving violation occurred."36 SECTION 2.37 All laws and parts of laws in conflict with this Act are repealed.38 S. B. 280 - 2 -