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SB 319 - Commercial Drivers' Lic. - redefine commercial mot. veh.

James, Donzella (35th)

Status Summary	SC:	Trans	HC:		FR:	01/13/00	LA:	01/13/00	S - Read 1st time

First Reader Summary

A bill to be entitled an Act to amend Code Section 40-5-142 of the Official Code of Georgia Annotated, relating to definitions relative to commercial drivers' licenses, so as to change the definition of the term "commercial motor vehicle"; to repeal conflicting laws; and for other purposes.

SB 319 00                                          LC 19 4431 
 
      SENATE BILL 319 
 
      By:  Senator James of the 35th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 40-5-142 of the Official Code of 
  1- 2  Georgia Annotated, relating to definitions relative to 
  1- 3  commercial drivers' licenses, so as to change the definition 
  1- 4  of the term "commercial motor vehicle"; to repeal 
  1- 5  conflicting laws; and for other purposes. 
 
  1- 6       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 7                           SECTION 1. 
 
  1- 8  Code Section 40-5-142 of the Official Code of Georgia 
  1- 9  Annotated, relating to definitions relative to commercial 
  1-10  drivers' licenses, is amended by striking paragraph (7) in 
  1-11  its entirety and inserting in lieu thereof a new paragraph 
  1-12  (7) to read as follows: 
 
  1-13      "(7) 'Commercial motor vehicle' means a motor vehicle 
  1-14      designed or used to transport passengers or property: 
 
  1-15        (A) If the vehicle has a gross vehicle weight rating 
  1-16        of 26,001 23,000 or more pounds or such lesser rating 
  1-17        as determined by federal regulation; 
 
  1-18        (B) If the vehicle is designed to transport 16 or more 
  1-19        passengers, including the driver; or 
 
  1-20        (C) If the vehicle is transporting hazardous materials 
  1-21        and is required to be placarded in accordance with the 
  1-22        Motor Carrier Safety Rules prescribed by the United 
  1-23        States Department of Transportation, Title 49 C.F.R. 
  1-24        Part 172, subpart F; 
 
  1-25      provided, however, that for the purposes of this 
  1-26      article, no agricultural vehicle, military vehicle 
  1-27      operated by military personnel, recreational vehicle, or 
  1-28      fire-fighting or emergency equipment vehicle shall be 
  1-29      considered a commercial vehicle.  As used in this 
  1-30      paragraph, the term 'agricultural vehicle' means a farm 
  1-31      vehicle which is controlled and operated by a farmer; 
  1-32      used to transport agricultural products, farm machinery, 
  1-33      or farm supplies to or from a farm; and operated within 
 
 
                                 -1- 
 
 
 
  2- 1      150 miles of such person's farm; which vehicle is not 
  2- 2      used in the operations of a common or contract carrier. 
  2- 3      Any other waiver by the Federal Highway Administration 
  2- 4      pursuant to Federal Law 49 C.F.R. Parts 383, 391, RIN 
  2- 5      2125-AB 68, of the United States Department of 
  2- 6      Transportation shall supersede state law in authorizing 
  2- 7      the Department of Public Safety to exempt said classes." 
 
  2- 8                           SECTION 2. 
 
  2- 9  All laws and parts of laws in conflict with this Act are 
  2-10  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-