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SB 236 - Veh. Accidents - chng. provisions on removing veh. from roadway

Streat, Sr., Van (19th)	Price, Richard J (28th)	Cheeks, Donald E (23rd)

Status Summary	SC:	Trans	HC:	MotV	FR:	03/01/99	LA:	03/24/99	Amend/Sub Agreed To

First Reader Summary

A bill to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road regarding accidents, so as to change certain provisions relating to the duty to remove a vehicle from the roadway of an expressway or multilane highway; to provide an effective date.

Code Sections - 40-6-275

SB 236                                           SB 236/HCSFA 
 
      HOUSE SUBSTITUTE TO SENATE BILL 236 
 
 
 
 
                        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 the uniform rules of the 
  1- 3  road, so as to provide that when two vehicles approach or 
  1- 4  enter an intersection with an inoperative traffic light, the 
  1- 5  driver of each vehicle shall be required to stop in the same 
  1- 6  manner as if a stop sign was facing in each direction at the 
  1- 7  intersection; to provide rules for when a flashing 
  1- 8  indication is given; to change certain provisions relating 
  1- 9  to the duty to remove a vehicle from the roadway of an 
  1-10  expressway or multilane highway; to provide an effective 
  1-11  date; to repeal conflicting laws; and for other purposes. 
 
  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-13                           SECTION 1. 
 
  1-14  Chapter 6 of Title 40 of the Official Code of Georgia 
  1-15  Annotated, relating to the uniform rules of the road, is 
  1-16  amended by striking in its entirety subsection (a) of Code 
  1-17  Section 40-6-70, relating to vehicles approaching or 
  1-18  entering an intersection, and inserting in lieu thereof a 
  1-19  new subsection (a) to read as follows: 
 
  1-20    "(a) When two vehicles approach or enter an intersection 
  1-21    from different highways at approximately the same time, 
  1-22    the driver of the vehicle on the left shall yield the 
  1-23    right of way to the vehicle on the right, provided that 
  1-24    when a vehicle approaches or enters an intersection with 
  1-25    no stop signs or other traffic-control devices from a 
  1-26    highway that terminates at the intersection, the driver of 
  1-27    that vehicle shall yield the right of way to the other 
  1-28    vehicle, whether the latter vehicle be on his  such 
  1-29    driver's right or left. When two vehicles approach or 
  1-30    enter an intersection with an inoperative traffic light, 
  1-31    the driver of each vehicle shall be required to stop in 
  1-32    the same manner as if a stop sign were facing in each 
  1-33    direction at the intersection. When a flashing indication 
  1-34    is given, the driver shall stop for the flashing red 
 
 
 
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  2- 1    signal and exhibit caution while passing through a 
  2- 2    flashing yellow indication." 
 
 
  2- 3                           SECTION 2. 
 
  2- 4  Said chapter is further amended by striking in its entirety 
  2- 5  Code Section 40-6-275, relating to the duty to remove a 
  2- 6  vehicle from the roadway of an expressway or multilane 
  2- 7  highway, and inserting in lieu thereof the following: 
 
  2- 8    "40-6-275. 
 
  2- 9    (a) Any other provision of this article or any other law 
  2-10    to the contrary notwithstanding, motor vehicles involved 
  2-11    in traffic accidents and the drivers of such motor 
  2-12    vehicles shall be subject to the provisions of this Code 
  2-13    section. 
 
  2-14    (b) This Code section shall apply to motor vehicle traffic 
  2-15    accidents which occur on the expressways and multilane 
  2-16    highways of this state. 
 
  2-17    (c) When a motor vehicle traffic accident occurs with no 
  2-18    apparent serious personal injury, or death, or extensive 
  2-19    property damage, it shall be the duty of the drivers of 
  2-20    the motor vehicles involved in such traffic accident, or 
  2-21    any other occupant of any such motor vehicle who possesses 
  2-22    a valid driver's license, to remove said vehicles from the 
  2-23    immediate confines of the roadway into a safe refuge on 
  2-24    the shoulder, emergency lane, or median or to a place 
  2-25    otherwise removed from the roadway whenever such moving of 
  2-26    a vehicle can be done safely and the vehicle is capable of 
  2-27    being normally and safely driven, does not require towing, 
  2-28    and can be operated under its own power in its customary 
  2-29    manner without further damage or hazard to itself, to the 
  2-30    traffic elements, or to the roadway. The driver of any 
  2-31    such motor vehicle may request any person who possesses a 
  2-32    valid driver's license to remove any such motor vehicle as 
  2-33    provided in this Code section, and any such person so 
  2-34    requested shall be authorized to comply with such request. 
 
  2-35    (d) The driver or any other person who has removed a motor 
  2-36    vehicle from the main traveled way of the road as provided 
  2-37    in subsection (c) of this Code section before the arrival 
  2-38    of a police officer shall not be considered liable or at 
  2-39    fault regarding the cause of the accident solely by reason 
  2-40    of moving the vehicle pursuant to this Code section. 
 
 
 
 
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  3- 1    (e) This Code section shall not abrogate or affect a 
  3- 2    driver's duty to file any written report which may be 
  3- 3    required by a local law enforcement agency, but compliance 
  3- 4    with the requirements of this Code section shall not allow 
  3- 5    a driver to be prosecuted for his or her failure to stop 
  3- 6    and immediately report a traffic accident. 
 
  3- 7    (f) This Code section shall not abrogate or affect a 
  3- 8    driver's duty to stop and give information in accordance 
  3- 9    with law, nor shall it relieve a police officer of his or 
  3-10    her duty to render a report in accordance with law. 
 
  3-11    (g) Employees of the Department of Transportation, in the 
  3-12    exercise of the management, control, and maintenance of 
  3-13    the state highways, may require and assist in the removal 
  3-14    from the main traveled way of roads on the state highway 
  3-15    system of all vehicles incapacitated from any cause other 
  3-16    than having been involved in a motor vehicle accident and 
  3-17    of all vehicles incapacitated as a result of motor vehicle 
  3-18    traffic accidents and of debris caused thereby when such 
  3-19    motor vehicle accidents occur with no apparent serious 
  3-20    personal injury, or death, or extensive property damage, 
  3-21    where such move can be accomplished safely by the drivers 
  3-22    of the vehicles involved or with the assistance of a 
  3-23    towing or recovery vehicle and will result in the improved 
  3-24    safety or convenience of travel upon the road. However, a 
  3-25    vehicle incapacitated as a result of a motor vehicle 
  3-26    traffic accident with apparent serious personal injury, or 
  3-27    death, or extensive property damage may not be moved until 
  3-28    the enforcement officer has made the necessary 
  3-29    measurements and diagrams required for the initial 
  3-30    accident investigation." 
 
  3-31                           SECTION 3. 
 
  3-32  This Act shall become effective upon its approval by the 
  3-33  Governor or upon its becoming law without such approval. 
 
  3-34                           SECTION 4. 
 
  3-35  All laws and parts of laws in conflict with this Act are 
  3-36  repealed. 
 
 
 
 
 
 
 
 
 
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