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SB 419 - Speed Limits - construction sites

Streat, Sr., Van (19th)	Cheeks, Donald E (23rd)	Huggins, Sonny C (53rd)

Status Summary	SC:	Trans	HC:	MotV	FR:	02/07/00	LA:	03/09/00	H - Read 2nd Time (CS )

First Reader Summary

A bill to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to speed limits in construction sites; to change certain provisions relating to inadmissibility of evidence of speeding obtained in certain areas and use of speed detection devices on hills; to repeal conflicting laws; and for other purposes.

Code Sections - 40-6-188

SB 419 00                                         LC 25 1743S 
                                                       (SCS) 
      SENATE BILL 419 
 
      By:  Senators Streat of the 19th, Cheeks of the 23rd, 
           Huggins of the 53rd and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
  1- 1  To amend Article 9 of Chapter 6 of Title 40 of the Official 
  1- 2  Code of Georgia Annotated, relating to motor vehicle speed 
  1- 3  restrictions, so as to change certain provisions relating to 
  1- 4  speed limits in construction sites; to repeal conflicting 
  1- 5  laws; and for other purposes. 
 
  1- 6       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 7                           SECTION 1. 
 
  1- 8  Article 9 of Chapter 6 of Title 40 of the Official Code of 
  1- 9  Georgia Annotated, relating to motor vehicle speed 
  1-10  restrictions, is amended by striking Code Section 40-6-188, 
  1-11  relating to speed limits in construction sites, and 
  1-12  inserting in lieu thereof the following: 
 
  1-13    "40-6-188. 
 
  1-14    (a) As used in this Code section, the term: 
 
  1-15      (1) 'Highway work zone' means a segment of any highway, 
  1-16      road, or street where the Department of Transportation, 
  1-17      a county, a municipality, or any contractor for any of 
  1-18      the foregoing is engaged in constructing, 
  1-19      reconstructing, or maintaining the physical structure of 
  1-20      the roadway or its shoulders or features adjacent to the 
  1-21      roadway, including without limitation underground or 
  1-22      overhead utilities or highway appurtenances, or any 
  1-23      other type of work related thereto. 
 
  1-24      (2) 'Work zone personnel' means employees of the 
  1-25      Department of Transportation, a county, a municipality, 
  1-26      or any contractor for any of the foregoing. 
 
  1-27      (b)(1) The Department of Transportation, any county, or 
  1-28      any municipality may designate any segment of a highway, 
  1-29      road, or street under its jurisdiction as a highway work 
  1-30      zone. 
 
  1-31      (2) Whenever a highway work zone is designated pursuant 
  1-32      to paragraph (1) of this subsection, there shall be 
  1-33      erected or posted signage of adequate size at the 
 
 
 
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  2- 1      beginning point of such highway work zone designating 
  2- 2      the zone and warning the traveling public that increased 
  2- 3      penalties for speeding violations are in effect for the 
  2- 4      highway work zone, and there shall be erected or posted 
  2- 5      at the end of such highway work zone adequate signage 
  2- 6      indicating the end of such zone and that increased 
  2- 7      penalties for speeding violations are no longer in 
  2- 8      effect. 
 
  2- 9      (a)(c)(1) The Department of Transportation or the 
  2-10      governing authority of any county or municipal 
  2-11      corporation is authorized to establish a temporary 
  2-12      reduction in the maximum speed limit through any 
  2-13      construction site highway work zone located on or 
  2-14      adjacent to any street or highway under its respective 
  2-15      jurisdiction.  The commissioner of transportation or the 
  2-16      local governing authority shall not be required to 
  2-17      conduct any engineering and traffic investigation in 
  2-18      order to establish a reduced speed limit in a highway 
  2-19      work zone pursuant to this paragraph. 
 
  2-20      (b)(2) Whenever reduced speed zones are established 
  2-21      pursuant to subsection (a) paragraph (1) of this Code 
  2-22      section subsection, there shall be erected or posted 
  2-23      signage of adequate size at the beginning point of such 
  2-24      speed zone designating the zone and the speed limit to 
  2-25      be observed therein, and there shall be erected or 
  2-26      posted at the end of such speed zone adequate signage 
  2-27      indicating the end of such speed zone, which signage 
  2-28      shall also indicate such different speed limit as may 
  2-29      then be observed. Signs indicating such reduced speed 
  2-30      limit shall be spaced not further than one mile apart 
  2-31      throughout the highway work zone.  Where the speed limit 
  2-32      established pursuant to subsection (a) paragraph (1) of 
  2-33      this Code section subsection is at least ten miles per 
  2-34      hour less than the established speed limit on the street 
  2-35      or highway, there shall be erected at least 600 feet in 
  2-36      advance of the beginning of the speed zone a sign of 
  2-37      adequate size which shall bear the legend 'Reduce 
  2-38      Reduced Speed Ahead.'  Whenever any signage is required 
  2-39      by this paragraph, the same shall be in addition to the 
  2-40      signage requirements of paragraph (2) of subsection (b) 
  2-41      of this Code section. 
 
  2-42      (d)(1) Any signage required by this Code section shall 
  2-43      conform to applicable provisions of the Manual on 
  2-44      Uniform Traffic Control Devices; provided, however, that 
 
 
 
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  3- 1      nothing in this Code section shall prohibit the use of 
  3- 2      movable or portable speed limit signs in highway work 
  3- 3      zones. 
 
  3- 4      (2) Any existing regulatory signage conflicting with 
  3- 5      signage erected or posted pursuant to this Code section 
  3- 6      shall be removed, covered, folded, or turned so as not 
  3- 7      to be readable by oncoming motorists. 
 
  3- 8    (c)(e) A person convicted of exceeding the speed limit, 
  3- 9    reduced or otherwise, in any speed highway work zone 
  3-10    established designated pursuant to subsection (a) of this 
  3-11    Code section and identified at the time of the violation 
  3-12    by such signage at the beginning of the highway work zone 
  3-13    as required herein and, if such speed limit was reduced as 
  3-14    provided by this Code section, by such signage at the 
  3-15    beginning and in advance of such reduced speed zone to the 
  3-16    extent required herein shall be guilty of a misdemeanor of 
  3-17    a high and aggravated nature and shall be punished by a 
  3-18    fine of not less than $100.00 $200.00 nor more than 
  3-19    $2,000.00 or by imprisonment for a term not to exceed 12 
  3-20    months, or both.  The provisions of this subsection shall 
  3-21    apply without regard to whether work zone personnel were 
  3-22    present in the highway work zone when the violation 
  3-23    occurred. 
 
  3-24    (f) Whenever the Department of Transportation finds it 
  3-25    necessary to designate a highway work zone within a county 
  3-26    or municipality, the Department of Transportation shall be 
  3-27    required to notify the county or municipality of the work 
  3-28    activity; provided, however, that the failure of the 
  3-29    Department of Transportation to give such notice shall not 
  3-30    be a defense to any charge of violating the speed limit in 
  3-31    any highway work zone." 
 
  3-32                           SECTION 2. 
 
  3-33  All laws and parts of laws in conflict with this Act are 
  3-34  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
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