Georgia Motorcycle Training Instructors (O.C.G.A. § 40-15-5)
Legal Commentary. This Georgia statute outlines the qualifications required for an instructor of a Georgia Motorcycle Operator Safety Training Program. Two of the qualifications are quite vague and therefore if you consider hiring a Georgia attorney to handle your motor vehicle accident, the attorney should be thoroughly knowledgeable of the Georgia case law in regards to these qualifications. The two vague qualifications are that an instructor of a Georgia Motorcycle Operator Safety Training Program is that the instructor is of good moral character and be physically able to operate safely a motorcycle and instruct others about such. This Code Section 40-15-5 does not provide any clarification on what is good moral character nor what it means to be physically able to operate a motorcycle safely or to be physically able to instruct others on the operation of a motorcycle.
The other two qualifications of an instructor for a Georgia Motorcycle Operator Safety Training Program are more precise on what the Georgia Legislature intended. An instructor of a Motorcycle Operator Safety Training Program is required to pass an exam showing knowledge on motorcycle operator training and the skills necessary to do such. Similar to Code Section 40-15-2 (insert hyperlink), this examination of instructors shall be based on the Motorcycle Safety Foundation Motorcycle Rider Course or a similar course in quality, utility and merit.
Finally an instructor of a Motorcycle Operator Safety Training Program in Georgia is required to hold a valid Class M driver’s license. A Class M driver’s license is required for operating a motorcycle in the State of Georgia. There are specific requirements to have a Class M driver’s license in Georgia that are not included in this Georgia statute. The specific requirements to have a Class M driver’s license in Georgia include the following:
1. Being 17 years of age with parental consent or 18 years of age or older
2. If under the age of 18 years old, a Certificate of Attendance (Form DS-1) must be provided
3. A motorcycle examination must be successfully completed
4. A vision test must be successfully completed during the same year as the motorcycle examination
There is also a driving test portion of the Class M driver’s license examination which requires the examinee to provide his or her own motorcycle for the driving test portion which is approved by the license examiner prior the driving test beginning.
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See the full text of the statute below:
Section 40-15-5 Requirements to qualify as instructor in motorcycle operator safety training program
Every person who desires to qualify as an instructor in a motorcycle operator safety training program shall meet the following requirements:
(1) Be of good moral character;
(2) Give satisfactory performance on a written, oral, performance, or combination examination administered by the coordinator testing both knowledge of the field of motorcycle operator education and skills necessary to instruct and impart motorcycle driving skills and safety to students. The instructor training program shall provide for a course of instruction based on the Motorcycle Safety Foundation's Instructor Course or its equivalent in quality, utility, and merit. This course of instruction shall be held periodically based on the applications received and the need for instructors, and an examination fee prescribed by the coordinator shall be charged;
(3) Be physically able to operate safely a motorcycle and to instruct others in the operation of motorcycles; and
(4) Hold a valid Class M driver's license.
HISTORY: Code 1981, § 40-15-5, enacted by Ga. L. 1984, p. 644, § 1; Ga. L. 1986, p. 181, § 1; Ga. L. 1994, p. 97, § 40.