Georgia House of Representatives - 1995/1996 Sessions

HB 1738 - Motor carriers; certain enforcement; transfer to DPS

Page Numbers - 1/ 2

1. Coleman  142nd


House Comm: PubS       /                Senate Comm: Pub S      /                                   
House Vote: Yeas 152   Nays 7           Senate Vote: Yeas     Nays                                  
              ----------------------------------------                                              
               House          Action         Senate                                                 
              ----------------------------------------                                              
              2/19/96  Read 1st Time         3/6/96                                                 
              2/20/96  Read 2nd Time         3/14/96                                                
              2/27/96  Favorably Reported    3/14/96                                                
              3/6/96   Read 3rd Time                                                                
              3/6/96   Passed/Adopted                                                               
              FS       Comm/Floor Amend/Sub                                                         
              ----------------------------------------                                              
                                                                                                    
Code Sections amended: 32-6-29, 35-2-77, 35-2-78, 46-7-28, 46-7-70, 46-7-101                        


HB 1738                                           LC 10 1766S






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 2 of Chapter 6 of Title 32 of the Official
  1- 2  Code of Georgia Annotated, relating to dimensions and weight
  1- 3  of vehicles and loads,  and Chapter 7 of Title 46 of the
  1- 4  Official Code of Georgia Annotated, relating to motor
  1- 5  carriers, so as to prohibit enforcement officers or other
  1- 6  personnel of the Department of Transportation and the Public
  1- 7  Service Commission from enforcing the provisions of Article
  1- 8  9 of Chapter 6 of Title 40, relating to speed restrictions,
  1- 9  and from using radar speed detection devices; to repeal
  1-10  conflicting laws; and for other purposes.

  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-12  Article 2 of Chapter 6 of Title 32 of the Official Code of
  1-13  Georgia Annotated, relating to dimensions and weight of
  1-14  vehicles and loads, is amended by adding at the end of Code
  1-15  Section 32-6-29, relating to enforcement powers of the
  1-16  Department of Transportation, a new subsection (e) to read
  1-17  as follows:

  1-18    "(e) Notwithstanding any other provisions of this Code
  1-19    section, enforcement officers provided for in this Code
  1-20    section shall be prohibited from enforcing the provisions
  1-21    of Article 9 of Chapter 6 of Title 40, relating to speed
  1-22    restrictions, and from using radar speed detection
  1-23    devices."

                         SECTION 2.

  1-24  Chapter 7 of Title 46 of the Official Code of Georgia
  1-25  Annotated, relating to motor carriers, is amended by adding
  1-26  at the end of Code Section 46-7-28, relating to the Public
  1-27  Service Commission's authority to employ and compensate
  1-28  enforcement personnel, a new subsection (c) to read as
  1-29  follows:

  1-30    "(c) Notwithstanding any other provisions of this Code
  1-31    section, enforcement officers provided for in this Code



                                 -1- (Index)

                                                 LC 10 1766S

  2- 1    section shall be prohibited from enforcing the provisions
  2- 2    of Article 9 of Chapter 6 of Title 40, relating to speed
  2- 3    restrictions, and from using radar speed detection
  2- 4    devices."

                         SECTION 3.

  2- 5  Said chapter is further amended by adding at the end of Code
  2- 6  Section 46-7-70, relating to the Public Service Commission's
  2- 7  authority to employ and compensate enforcement personnel, a
  2- 8  new subsection (d) to read as follows:

  2- 9    "(d) Notwithstanding any other provisions of this Code
  2-10    section, enforcement officers provided for in this Code
  2-11    section shall be prohibited from enforcing the provisions
  2-12    of Article 9 of Chapter 6 of Title 40, relating to speed
  2-13    restrictions, and from using radar speed detection
  2-14    devices."

                         SECTION 4.

  2-15  All laws and parts of laws in conflict with this Act are
  2-16  repealed.




























                                 -2- (Index)