What are the limitations of a Class D license in Gainesville, Hall County, Georgia?
Class D Provisional license for Class C vehicles – available to 16-year old drivers if they have held a class CP license for at least 1 year; have not been convicted of any major traffic violations; meet school enrollment requirements (see O.C.G.A. §40-5-22); and have completed a Driver's Education course consisting of classroom and behind-the-wheel training. A driving skills test (road test) must be successfully completed prior to issuance of a Class D license. Class D license holders are limited to the following conditions:
• cannot operate a motor vehicle between the hours of 12:00 AM and 6:00 AM (this limitation applies at all times on a Class D license)
• during the first 6-month period after issuance, cannot operate a motor vehicle with any passenger who is not a member of the driver's immediate family (defined as the license holder's parents and step-parents, grandparents, siblings, and step-siblings, children, and any other person who resides at the license holder's residence),
• during the second six-month period after issuance, cannot operate a motor vehicle with more than one (1) passenger under the age of 21 who is not a member of the driver's immediate family, and
• for the remainder of the Class D license period, cannot operate a motor vehicle when more than three (3) passengers under the age of 21 are not members of the driver's immediate family.
What is the penalty for violating the limitations of a Class D license?
Many believe that violating the Class D license conditions constitutes "violating license restrictions," which would result in a license suspension. But, this is not correct.
According to DDS:
Class D license “conditions,” as referenced in OCGA § 40-5-24, should not be confused with license “restrictions,” as referenced in OCGA § 40-5-30. An officer citing a driver of violating a Class D license “condition” should charge under OCGA § 40-5-24. A violation of OCGA § 40-5-24, in and of itself, will not result in a suspension, is not a points-bearing offense, and does not need to be reported to DDS.
This is because, under OCGA § 40-5-24(b)(2) "a Class D license holder shall not be charged with a violation of [the Class D conditions] alone but may be charged with violating this paragraph in addition to any other traffic offense." In other words, violating the limitations of a Class D license is not a traffic violation unless the driver is also violating some other traffic offense at the same time.
What if I was driving on a Class D license, but I had already turned 18 at the time of the arrest?
Does my Class D license automatically turn into a Class C license when I turn 18? This is a common question. It seems like your Class D license should "automatically" turn into a Class C license once you turn 18 years of age. Unfortunately, the answer is: No, it does not. Your Class D license does not change to a Class C automatically. Instead the DDS requires you to request a license upgrade from the DDS. DDS's website says, "Drivers celebrating this milestone are reminded to request a license upgrade using DDS Online Services to skip a trip to a customer service center."
So, it is imperative that, once you turn 18, you get on the DDS Online Services site and request an updgrade to a Class C immediately.