Georgia Senate - 1995/1996 Sessions

SB 48 - Speed Limit - determination in cert. construction sites

Page Numbers - 1/ 2/ 3

Code Sections - 40-6-250/ 40-6-188

1. Crotts  17th           2. Isakson  21st           3. Bowen  13th


Senate Comm: Trans      /         House Comm: Trans      /                      
Senate Vote: Yeas 55    Nays 0                                                  
           ---------------------------------------------                        
              Senate          Action          House                             
           ---------------------------------------------                        
             1/11/95   Read 1st time          1/31/95                           
             1/26/95   Favorably Reported     2/27/95                           
             Am        Committee Amend/Sub                                      
             1/27/95   Read 2nd Time          2/1/95                            
             1/30/95   Read 3rd Time          3/10/95                           
             1/30/95   Passed/Adopted         3/10/95                           
             CA/FA     Comm/Floor Amend/Sub   FA                                
             3/17/95   Amend/Sub Agreed To                                      
             3/28/95   Sent To Governor                                         
             4/18/95   Signed by Governor                                       
             368       Act/Veto Number                                          
             7/1/95    Effective Date                                           
           ---------------------------------------------                        
                                                                                
Code Sections amended: 40-6-181, 40-6-188                                       


SB 48 95                                             SB48/AP

      SENATE BILL 48

      By:  Senators Crotts of the 17th, Isakson of the 21st,
           Bowen of the 13th and others

                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 6 of Title 40 of the Official Code of
  1- 2  Georgia Annotated, relating to uniform rules of the road, so
  1- 3  as to change the provisions prohibiting wearing certain
  1- 4  headsets or headphones; to provide that the Department of
  1- 5  Transportation and the governing authority of any county or
  1- 6  municipal corporation shall be authorized to establish
  1- 7  maximum speed limits in construction sites on or adjacent to
  1- 8  any public street or highway; to provide for signage; to
  1- 9  provide a minimum penalty for violation of such speed
  1-10  limits; to repeal conflicting laws; and for other purposes.

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

                         SECTION 1.

  1-12  Chapter 6 of Title 40 of the Official Code of Georgia
  1-13  Annotated, relating to uniform rules of the road, is amended
  1-14  by striking Code Section 40-6-250, prohibiting wearing
  1-15  certain headsets or headphones, and inserting in its place
  1-16  the following:

  1-17    "40-6-250. (Index)

  1-18    No person shall operate a motor vehicle while wearing a
  1-19    headset or headphone which would impair such person's
  1-20    ability to hear, nor shall any person while operating a
  1-21    motor vehicle wear any device which impairs such person's
  1-22    vision; provided, however, that a person may wear a
  1-23    headset or headphone for communication purposes only while
  1-24    operating a motorcycle.  This Code section shall not apply
  1-25    to hearing aids or instruments for the improvement of
  1-26    defective human hearing, eyeglasses, or sunglasses.  This
  1-27    Code section shall not apply to any law enforcement
  1-28    officer or firefighter equipped with any communications
  1-29    device necessary in the performance of his such person's
  1-30    duties."

                        SECTION 1.1.



                              S. B. 48
                                 -1- (Index)

                                                     SB48/AP

  2- 1  Said chapter is further amended by striking in their
  2- 2  entireties subsections (b) and (c) of Code Section 40-6-181,
  2- 3  relating to maximum speed limits, and inserting in lieu
  2- 4  thereof, respectively, the following:

  2- 5    "(b) No person shall drive a vehicle at a speed in excess
  2- 6    of the following maximum limits:

  2- 7      (1) Thirty miles per hour in any urban or residential
  2- 8      district;

  2- 9      (2) Forty miles per hour in any location which is within
  2-10      or adjacent to a construction or maintenance area when a
  2-11      sign prescribing that maximum vehicle speed limit is
  2-12      displayed; 

  2-13      (3) Sixty-five miles per hour on a highway on the
  2-14      federal interstate system which is outside of an
  2-15      urbanized area of 50,000 population or more, provided
  2-16      that such speed limit is designated by appropriate
  2-17      signs; and

  2-18      (4)(3) Fifty-five miles per hour in other locations.

  2-19    (c) The maximum speed limits set forth in this Code
  2-20    section may be altered as authorized in Code Sections
  2-21    40-6-182, and 40-6-183, and 40-6-188."

                         SECTION 2.

  2-22  Said article is further amended by inserting at the end
  2-23  thereof the following:

  2-24    "40-6-188. (Index)

  2-25    (a) The Department of Transportation and the governing
  2-26    authority of any county or municipal corporation are
  2-27    authorized to establish a maximum speed limit through any
  2-28    construction site located on or adjacent to any street or
  2-29    highway.

  2-30    (b) Whenever speed zones are established pursuant to
  2-31    subsection (a) of this Code section, there shall be
  2-32    erected or posted a sign of adequate size at the beginning
  2-33    point of such speed zone designating the zone, the speed
  2-34    limit to be observed therein, and the minimum fine for
  2-35    exceeding such speed, and there shall be erected or posted
  2-36    at the end of such speed zone an adequate sign indicating
  2-37    the end of such speed zone, which sign shall also indicate
  2-38    such different speed limit as may then be observed.  Where
  2-39    the speed limit established pursuant to subsection (a) of


                              S. B. 48
                                 -2- (Index)

                                                     SB48/AP

  3- 1    this Code section is at least ten miles per hours less
  3- 2    than the established speed limit on the street or highway,
  3- 3    there shall be erected at least 600 feet in advance of the
  3- 4    beginning of the speed zone a sign of adequate size which
  3- 5    shall bear the legend 'Reduce Speed Ahead.'

  3- 6    (c) A person convicted of exceeding the speed limit in any
  3- 7    speed zone established pursuant to subsection (a) of this
  3- 8    Code section shall be guilty of a misdemeanor of a high
  3- 9    and aggravated nature and shall be punished by a fine of
  3-10    not less than $100.00 nor more than $2,000.00 or by
  3-11    imprisonment for a term not to exceed 12 months, or both."

                         SECTION 3.

  3-12  All laws and parts of laws in conflict with this Act are
  3-13  repealed.
































                              S. B. 48
                                 -3- (Index)