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 Code of Georgia Annotated,
relating to commercial drivers' licenses, so as to provide standards for liability of an
employer or insurance provider for actions relating to a commercial vehicle driver; to provide
for definitions; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to
commercial drivers' licenses, is amended by revising Code Section 40-5-145, relating to
duties of employer, as follows:
"40-5-145.
(a) Each employer shall require every commercial motor vehicle driver applicant to
provide the information specified in subsection (d) of Code Section 40-5-144.
(b) No employer may knowingly allow, require, permit, or authorize a driver to drive a
commercial motor vehicle during any period:
(1) In which the driver has a driver's license suspended, revoked, or canceled by <del>a</del> <ins>any
</ins> state; has lost the privilege to drive a commercial motor vehicle in <del>a</del> <ins>any</ins> state; or has been
disqualified from driving a commercial motor vehicle;
(2) In which the driver has more than one driver's license;
(3) In which the driver, or the commercial motor vehicle that he or she is driving, or the
motor carrier operation, is subject to an out of service order; or
(4) In violation of a federal, state, or local law or regulation pertaining to
railroad-highway grade crossings.
<ins>(c)(1) As used in this subsection, the term:
(A) 'Driver's record' means investigation of a driver's safety performance history
through an enumeration of accidents and convictions of moving traffic violations as
provided by the department pursuant to Code Section 40-5-2.
(B) 'Federal requirements' means the number of years an employer of a commercial
motor vehicle driver is required to investigate of a driver's record pursuant to federal
law.
(2) For purposes of establishing liability of any employer or insurance provider in a civil
action relating to the holder of a commercial driver's license, use of:
(A) The driver's record shall be limited to federal requirements; and
(B) Any vehicle global positioning system data or video recordings, including
electronic control module data and any onboard electronic recording devices, shall be
limited to the date an accident or moving violation occurred."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.