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03 HB 719/AP
House Bill 719 (AS PASSED HOUSE
AND SENATE)
By: Representatives Jenkins of the 93rd, Benfield of the 56th, Post 1, Porter of the 119th, Teper of the 42nd, Post 1, Hanner of the 133rd, and others
By: Representatives Jenkins of the 93rd, Benfield of the 56th, Post 1, Porter of the 119th, Teper of the 42nd, Post 1, Hanner of the 133rd, and others
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Chapter 6 of Title 32 of the Official Code of
Georgia Annotated, relating to regulation of maintenance and use of public roads
generally, so as to provide for the administrative determination of overweight
assessments; to provide for penalties for violations; to provide for the
perfection of liens upon vehicles subject to unpaid overweight assessments; to
provide for the suspension of the registration of vehicles subject to unpaid
overweight assessments; to amend Chapter 9 of Title 32 of the Official Code of
Georgia Annotated, relating to mass transportation, so as to provide for the
authorization of hybrid vehicles to use designated travel lanes; to amend Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, so as to add hybrid vehicles to the definition of alternative fueled
vehicles; so as to provide for circumstances under which a person may be cited
for exceeding the speed limit in a highway work zone; to change the requirements
for the size of required warning signs; to provide that the 30 day limitation
regarding notice of reduction of the speed limit shall not apply to work zone
speeding violations; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 32-6-27 of the Official Code of Georgia
Annotated, relating to enforcement of load limitations, is amended by striking
said Code section in its entirety and inserting in lieu thereof the
following:
"32-6-27.
(a) Any person who violates the load limitation provisions of Code Section 32-6-26 shall be conclusively presumed to have damaged the public roads, including bridges, of this state by reason of such overloading and shall recompense the state for such damage in accordance with the following schedule:
(1) For the first 1,000 pounds of excess weight, 0.8¢ per pound; plus 1.5¢ per pound for the next 2,000 pounds of excess weight; plus 3¢ per pound for the next 2,000 pounds of excess weight; plus 4¢ per pound for the next 3,000 pounds of excess weight; plus 5¢ per pound for all excess weight over 8,000 pounds;
(2) Where a vehicle is authorized to exceed the weight limitations of Code Section 32-6-26 by a permit issued pursuant to Code Section 32-6-28, the term 'excess weight' means that weight which exceeds the weight allowed by such permit. For such vehicles, damages for excess weight shall be assessed according to the following schedule: 125 percent times, in each category of excess weights, the rate imposed on offending vehicles operating without a permit.
(a.1)(1)(A) The Department of Motor Vehicle Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 and for which signs have been placed and maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50.
(B) The Department of Motor Vehicle Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 but for which signs have not been placed or maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation.
(2)(A) The Department of Motor Vehicle Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge for which signs have been placed and maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91.
(B) The Department of Motor Vehicle Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge but for which signs have not been placed or maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation.
(b) The schedules listed in paragraphs (1) and (2) of subsection (a) of this Code section shall apply separately to (1) the excess weight of the gross load and (2) the sum of the excess weight or weights of any axle or axles, provided that where both gross load and axle weight limits are exceeded, the owner or operator shall be required to recompense the state only for the largest of the money damages imposed under items (1) and (2) of this subsection.
(c)(1) Within15
30 days after the issuance of the citation, the owner or operator of any
offending vehicle shall pay the amount of the assessment to the Department of
Motor Vehicle Safety or request an administrative determination of the amount
and validity of the assessment.
(2) The right to an administrative determination of the amount and validity of the assessment shall be granted only to the owner or operator of an offending vehicle.
(3) The party requesting an administrative determination of the amount and validity of the assessment shall deposit the amount of the assessment with the Department of Motor Vehicle Safety, within the time permitted to request such determination, before the determination will be granted. In the event the assessment is determined to be erroneous, the Department of Motor Vehicle Safety shall make prompt refund of any overpayment after receipt of a final decision making such determination.
(4) If an administrative hearing is requested, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations of the Department of Motor Vehicle Safety. The scope of any such hearing shall be limited to a determination of:
(A) The weight of the offending vehicle;
(B) The maximum weight allowed by law on the roadway upon which the offending vehicle was operated; and
(C) Whether the operator had in his or her actual possession a valid oversize or overweight permit issued by the Department of Transportation allowing the vehicle to operate in excess of the maximum weight otherwise allowed by law on the roadway upon which the offending vehicle was operated.
(5) Any person who has exhausted all administrative remedies available within the Department of Motor Vehicle Safety and who is aggrieved by a final order of the Department of Motor Vehicle Safety is entitled to judicial review in accordance with Chapter 13 of Title 50.
(6) If a party requests an administrative determination of the amount and validity of the assessment and fails to appear without first obtaining permission from the administrative law judge or does not withdraw the request in writing no less than five days in advance of a scheduled hearing, the party shall be deemed in default and the citation shall be affirmed by operation of law. The party shall be deemed to owe the sum of $75.00 in addition to the amount due on the citation, which sum shall represent hearing costs.
(d) All moneys collected in accordance with this Code section shall be transmitted to the Department of Motor Vehicle Safety, thereafter to be disposed of as follows:
(1) All moneys collected for violations of the weight limitations imposed by this article shall be remitted to the general fund of the state treasury;and
"32-6-27.
(a) Any person who violates the load limitation provisions of Code Section 32-6-26 shall be conclusively presumed to have damaged the public roads, including bridges, of this state by reason of such overloading and shall recompense the state for such damage in accordance with the following schedule:
(1) For the first 1,000 pounds of excess weight, 0.8¢ per pound; plus 1.5¢ per pound for the next 2,000 pounds of excess weight; plus 3¢ per pound for the next 2,000 pounds of excess weight; plus 4¢ per pound for the next 3,000 pounds of excess weight; plus 5¢ per pound for all excess weight over 8,000 pounds;
(2) Where a vehicle is authorized to exceed the weight limitations of Code Section 32-6-26 by a permit issued pursuant to Code Section 32-6-28, the term 'excess weight' means that weight which exceeds the weight allowed by such permit. For such vehicles, damages for excess weight shall be assessed according to the following schedule: 125 percent times, in each category of excess weights, the rate imposed on offending vehicles operating without a permit.
(a.1)(1)(A) The Department of Motor Vehicle Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 and for which signs have been placed and maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50.
(B) The Department of Motor Vehicle Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 but for which signs have not been placed or maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation.
(2)(A) The Department of Motor Vehicle Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge for which signs have been placed and maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91.
(B) The Department of Motor Vehicle Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge but for which signs have not been placed or maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation.
(b) The schedules listed in paragraphs (1) and (2) of subsection (a) of this Code section shall apply separately to (1) the excess weight of the gross load and (2) the sum of the excess weight or weights of any axle or axles, provided that where both gross load and axle weight limits are exceeded, the owner or operator shall be required to recompense the state only for the largest of the money damages imposed under items (1) and (2) of this subsection.
(c)(1) Within
(2) The right to an administrative determination of the amount and validity of the assessment shall be granted only to the owner or operator of an offending vehicle.
(3) The party requesting an administrative determination of the amount and validity of the assessment shall deposit the amount of the assessment with the Department of Motor Vehicle Safety, within the time permitted to request such determination, before the determination will be granted. In the event the assessment is determined to be erroneous, the Department of Motor Vehicle Safety shall make prompt refund of any overpayment after receipt of a final decision making such determination.
(4) If an administrative hearing is requested, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations of the Department of Motor Vehicle Safety. The scope of any such hearing shall be limited to a determination of:
(A) The weight of the offending vehicle;
(B) The maximum weight allowed by law on the roadway upon which the offending vehicle was operated; and
(C) Whether the operator had in his or her actual possession a valid oversize or overweight permit issued by the Department of Transportation allowing the vehicle to operate in excess of the maximum weight otherwise allowed by law on the roadway upon which the offending vehicle was operated.
(5) Any person who has exhausted all administrative remedies available within the Department of Motor Vehicle Safety and who is aggrieved by a final order of the Department of Motor Vehicle Safety is entitled to judicial review in accordance with Chapter 13 of Title 50.
(6) If a party requests an administrative determination of the amount and validity of the assessment and fails to appear without first obtaining permission from the administrative law judge or does not withdraw the request in writing no less than five days in advance of a scheduled hearing, the party shall be deemed in default and the citation shall be affirmed by operation of law. The party shall be deemed to owe the sum of $75.00 in addition to the amount due on the citation, which sum shall represent hearing costs.
(d) All moneys collected in accordance with this Code section shall be transmitted to the Department of Motor Vehicle Safety, thereafter to be disposed of as follows:
(1) All moneys collected for violations of the weight limitations imposed by this article shall be remitted to the general fund of the state treasury;
(2) All moneys collected for violations of the height,
width, or length limitations imposed by this article, after the appropriate
statutory deductions, shall be retained by the governing authority of the county
wherein the violation occurred for deposit in the general treasury of said
county;
(3) Hearing costs imposed pursuant to paragraph (6) of subsection (c) of this Code section shall be retained by the Department of Motor Vehicle Safety;
(4) Reissuance fees imposed pursuant to paragraph (4) of subsection (g) of this Code section shall be retained by the Department of Motor Vehicle Safety; and
(5) Restoration fees imposed pursuant to paragraph (1) of subsection (i) of this Code section shall be retained by the Department of Motor Vehicle Safety.
(e) Any owner or operator of a vehicle which is operated on the public roads of this state in violation of the weight limitations provided in this article shall be required, in addition to paying the moneys provided in subsection (a) of this Code section, to unload all gross weight in excess of 6,000 pounds over the legal weight limit before being allowed to move the vehicle.
(f) Any person authorized by law to enforce this article may seize the offending vehicle of an owner who fails or whose operatorhas failed fails to pay the moneys prescribed
in subsection (a) of this Code section and hold such vehicle until the
prescribed moneys are paid. If the offending vehicle is not registered in
this state, any person authorized by law to enforce this article may seize any
vehicle owned or operated by an owner who fails or whose operator fails to pay
the moneys prescribed in subsection (a) of this Code section and hold such
vehicle until the prescribed moneys are paid. Any person seizing
such a vehicle under this subsection or subsection (e)
of this Code section may, when necessary, store the vehicle; and the owner
thereof shall be responsible for all reasonable storage charges thereon. When
any vehicle is seized, held, unloaded, or partially unloaded under these
subsections, the load or any part thereof shall be removed or cared for by the
owner or operator of the vehicle without any liability on the part of the
authorized person or of the state or any political subdivision because of damage
to or loss of such load or any part thereof.
(g)(1) Whenever any person, firm, or corporation violates this article and becomes indebted to the Department of Motor Vehicle Safety because of such violations and fails within15 30 days of the date of issuance of
the overweight assessment citation either to pay the assessment or appeal to the
Department of Motor Vehicle Safety for administrative review, as provided for in
subsection (c) of this Code section, such assessment shall become a lien upon
the overweight motor vehicle so found to be in violation, which lien shall be
superior to all liens except liens for taxes or perfected security interests
established before the debt to the Department of Motor Vehicle Safety was
created.
(2) Whenever any person, firm, or corporation requests an administrative review, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In the event that the administrative law judge finds in favor of the Department of Motor Vehicle Safety, the person, firm, or corporation shall pay the assessment within 30 days afterthe issuance of a final decision by the administrative law
judge that decision becomes final or, if judicial review is had
in accordance with Chapter 13 of Title 50, then within 30 days after final
judicial review is terminated. If the person, firm, or corporation fails to pay
the assessment within 30 days, such assessment shall become a lien as provided
for under paragraph (1) of this subsection.
(3) The Department of Motor Vehicle Safety shall perfect the lien created under this subsectionin the same manner as is provided for in subsection (b) of
Code Section 40-3-50 and Code Section 40-3-53 by sending notice
thereof on a notice designated by the commissioner of motor vehicle safety, by
first-class mail or by statutory overnight delivery, to the owner and all
holders of liens and security interests shown on the records of the Department
of Motor Vehicle Safety maintained pursuant to Chapter 3 of Title 40. Upon
receipt of notice from the Department of Motor Vehicle Safety, the holder of the
certificate of title shall surrender same to the commissioner of motor vehicle
safety for issuance of a replacement certificate of title bearing the lien of
the department unless the assessment is paid within 30 days of the receipt of
notice. The Department of Motor Vehicle Safety may append its lien to its
records, notwithstanding the failure of the holder of the certificate of title
to surrender said certificate as required by this
paragraph.
(4) Upon issuance of a title bearing the lien of the Department of Motor Vehicle Safety, or the appending of the lien to the records of the Department of Motor Vehicle Safety, the owner of the vehicle or the holder of any security interest or lien shown in the records of the department may satisfy such lien by payment of the amount of the assessment, including hearing costs, if any, and payment of a reissuance fee of $100.00. Upon receipt of such amount, the Department of Motor Vehicle Safety shall release its lien.
(h)(1) The Department of Motor Vehicle Safety, in seeking to foreclose its lien on the motor vehicle arising out of an overweight motor vehicle citation assessed under this article, may seek an immediate writ of possession from the court before whom the petition is filed, if the petition contains a statement of facts, under oath, by the Department of Motor Vehicle Safety, its agents, its officers, or attorney setting forth the basis of the petitioner´s claim and sufficient grounds for issuance of an immediate writ of possession.
(2) The Department of Motor Vehicle Safety shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition.
(3) The court before whom the petition is pending shall issue a writ for immediate possession, upon finding that the petitioner has complied with paragraphs (1) and (2) of this subsection. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under Code Section 44-14-231 and proceed accordingly.
(4) When an immediate writ of possession has been granted, the Department of Motor Vehicle Safety shall proceed against the defendant in the same manner as provided for in Code Sections 44-14-265 through 44-14-269.
(i)(1) Whenever any person, firm, or corporation violates this article and fails within15
30 days of the date of issuance of the overweight assessment citation
either to pay the assessment or appeal to the Department of Motor Vehicle Safety
for an administrative review as provided for under Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act,' the Department of Motor Vehicle Safety
may act to suspend the motor vehicle license plate
registration of the vehicle involved. However, if the person, firm, or
corporation requests an administrative review, the Department of Motor Vehicle
Safety shall act to suspend the license plate
registration only after the issuance of a final decision favorable to the
Department of Motor Vehicle Safety and the requisite failure of the person,
firm, or corporation to pay the assessment. Upon such failure to pay the
assessment, the Department of Motor Vehicle Safety shall send a letter to the
owner of such motor vehicle stating the fact of such overdue assessment.
Upon receipt of such letter from the Department of Motor Vehicle Safety, it
shall be the duty of the owner of such vehicle to notify the Department of Motor
Vehicle Safety, within 15 days of the date on which notification was mailed by
the Department of Motor Vehicle Safety, as to whether the assessment has been
paid. If such information is not received by the Department of Motor Vehicle
Safety within the specified time period or if the assessment has not in fact
been paid, the Department of Motor Vehicle Safety shall suspend the motor
vehicle license plate issued to the motor vehicle involved in the overweight
assessment citation and shall notify the owner of the motor vehicle that he or
she must forward the motor vehicle license plate issued to such motor vehicle to
the Department of Motor Vehicle Safety notifying the owner of the
suspension of the motor vehicle registration issued to the motor vehicle
involved in the overweight assessment citation. Upon complying with this
subsection by paying the overdue assessment and upon submitting proof of
compliance and paying a $10.00 restoration fee to the Department of Motor
Vehicle Safety, the commissioner of motor vehicle safety shall
return reinstate any motor vehicle license
plate registration suspended under this subsection to
the owner of such motor vehicle. In cases where the motor vehicle
license plate registration has been suspended under this
subsection for a second or subsequent time during any two-year period, the
Department of Motor Vehicle Safety shall suspend the motor vehicle
license plate registration for a period of 60 days and
thereafter until the owner submits proof of compliance with this subsection and
pays the $25.00 $150.00 restoration fee to the
Department of Motor Vehicle Safety.
(2)The
Department of Motor Vehicle Safety, upon suspending the motor vehicle license
plate, as provided for in this subsection, shall require that such plate be
surrendered to the Department of Motor Vehicle Safety immediately following the
effective date of suspension; and it is the duty of the owner, immediately upon
receipt of notice from the Department of Motor Vehicle Safety, to forward the
license plate to the Department of Motor Vehicle Safety. Unless
otherwise provided for in this Code section, notice of the effective date of the
suspension of a motor vehicle registration occurs when the owner has actual
knowledge or legal notice thereof, whichever first occurs. For the purposes of
making any determination relating to the restoration of a suspended motor
vehicle registration, no period of suspension shall be deemed to have begun
until ten days after the mailing of the notice required in paragraph (1) of this
subsection.
(3)If such motor vehicle
license plate is not received by the Department of Motor Vehicle Safety within
ten days following the effective date of suspension, the commissioner of motor
vehicle safety shall forthwith direct any peace officer to secure possession of
such plate and return the same to the commissioner of motor vehicle
safety. For the purposes of this subsection, except where otherwise
provided, the mailing of a notice to a person at the name and address shown in
records of the Department of Motor Vehicle Safety maintained under Chapter 3 of
Title 40 shall, with respect to the holders of liens and security interests, be
presumptive evidence that such person received the required
notice.
(4)Unless otherwise provided for
in this subsection, notice of the effective date of suspension shall occur when
the driver receives actual knowledge or legal notice thereof, whichever occurs
first. For the purposes of making any determination under this article relating
to the return of a suspended motor vehicle license plate, no period of
suspension under this subsection shall begin until the plate is surrendered to
the Department of Motor Vehicle Safety or to a court of competent jurisdiction
under this subsection, whichever shall occur first. If the motor vehicle license
plate is lost or for any other reason surrender to the Department of Motor
Vehicle Safety is impossible, the period of suspension shall begin on the date
an affidavit setting forth the reasons for such impossibility is received by the
department. For the purposes of this subsection, except where
otherwise provided, the mailing of a notice to a person or firm at the name and
address shown on the overweight assessment citation shall, with respect to
owners and operators of vehicles involved in an overweight assessment, be
presumptive evidence that such person received the required
notice.
(5)It shall be unlawful to refuse
to deliver upon a legal demand any motor vehicle license plate. The
commissioner of motor vehicle safety may suspend the motor vehicle registration
of any offending vehicle for which payment of an overweight assessment is made
by a check that is returned for any reason.
(6)Any person violating the provisions of paragraph (2) of this subsection
shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject
to a fine of not more than $1,000.00 or imprisonment for not more than 90
days.
(7) For the purposes
of this subsection, where any provisions require the Department of Motor Vehicle
Safety to give notice to a person, which notice affects such
person´s
motor vehicle license plate, the mailing of such notice and the name and address
shown on the notice of overdue assessment citation supplied by the Department of
Motor Vehicle Safety, as required by this subsection, shall be presumptive
evidence that such person received the required
notice."
(3) Hearing costs imposed pursuant to paragraph (6) of subsection (c) of this Code section shall be retained by the Department of Motor Vehicle Safety;
(4) Reissuance fees imposed pursuant to paragraph (4) of subsection (g) of this Code section shall be retained by the Department of Motor Vehicle Safety; and
(5) Restoration fees imposed pursuant to paragraph (1) of subsection (i) of this Code section shall be retained by the Department of Motor Vehicle Safety.
(e) Any owner or operator of a vehicle which is operated on the public roads of this state in violation of the weight limitations provided in this article shall be required, in addition to paying the moneys provided in subsection (a) of this Code section, to unload all gross weight in excess of 6,000 pounds over the legal weight limit before being allowed to move the vehicle.
(f) Any person authorized by law to enforce this article may seize the offending vehicle of an owner who fails or whose operator
(g)(1) Whenever any person, firm, or corporation violates this article and becomes indebted to the Department of Motor Vehicle Safety because of such violations and fails within
(2) Whenever any person, firm, or corporation requests an administrative review, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In the event that the administrative law judge finds in favor of the Department of Motor Vehicle Safety, the person, firm, or corporation shall pay the assessment within 30 days after
(3) The Department of Motor Vehicle Safety shall perfect the lien created under this subsection
(4) Upon issuance of a title bearing the lien of the Department of Motor Vehicle Safety, or the appending of the lien to the records of the Department of Motor Vehicle Safety, the owner of the vehicle or the holder of any security interest or lien shown in the records of the department may satisfy such lien by payment of the amount of the assessment, including hearing costs, if any, and payment of a reissuance fee of $100.00. Upon receipt of such amount, the Department of Motor Vehicle Safety shall release its lien.
(h)(1) The Department of Motor Vehicle Safety, in seeking to foreclose its lien on the motor vehicle arising out of an overweight motor vehicle citation assessed under this article, may seek an immediate writ of possession from the court before whom the petition is filed, if the petition contains a statement of facts, under oath, by the Department of Motor Vehicle Safety, its agents, its officers, or attorney setting forth the basis of the petitioner´s claim and sufficient grounds for issuance of an immediate writ of possession.
(2) The Department of Motor Vehicle Safety shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition.
(3) The court before whom the petition is pending shall issue a writ for immediate possession, upon finding that the petitioner has complied with paragraphs (1) and (2) of this subsection. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under Code Section 44-14-231 and proceed accordingly.
(4) When an immediate writ of possession has been granted, the Department of Motor Vehicle Safety shall proceed against the defendant in the same manner as provided for in Code Sections 44-14-265 through 44-14-269.
(i)(1) Whenever any person, firm, or corporation violates this article and fails within
(2)
(3)
(4)
(5)
(6)
SECTION 2.
Chapter 9 of Title 32 of the Official Code of Georgia
Annotated, relating to mass transportation, is amended in Code Section 32-9-4,
relating to designation of travel lanes and use of such lanes, by adding a new
subsection (a.1) to read as
follows:
"(a.1) Upon approval through either legislative action in the United States Congress or regulatory action by the United States Department of Transportation to permit hybrid vehicles with fewer than two occupants to operate in a high occupancy vehicle lane, the department shall authorize hybrid vehicles, as defined in Code Section 40-2-76, to use the travel lanes designated for such vehicles as provided in paragraph (4) of subsection (a) of this Code section."
"(a.1) Upon approval through either legislative action in the United States Congress or regulatory action by the United States Department of Transportation to permit hybrid vehicles with fewer than two occupants to operate in a high occupancy vehicle lane, the department shall authorize hybrid vehicles, as defined in Code Section 40-2-76, to use the travel lanes designated for such vehicles as provided in paragraph (4) of subsection (a) of this Code section."
SECTION 3.
Title 40 of the Official Code of Georgia Annotated, relating
to motor vehicles and traffic, is amended in Code Section 40-2-76, relating to
alternative fueled vehicle license plates, by striking subsection (a) and
inserting in its place the
following:
"(a) As used in this Code section, the term:
(1) 'Alternative fuel' means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more or such other percentage, but not less than 70 percent, as determined by the United States secretary of energy, by rule as it existed on January 1, 1997, to provide for requirements relating to cold start, safety, or vehicle functions, by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol derived from biological materials; electricity including electricity from solar energy; and any other fuel the United States secretary of energy determined by rule as it existed on January 1, 1997, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits.
(2) 'Alternative fueled vehicle' means:
(A) Anyany
vehicle fueled by alternative fuel as defined in paragraph (1) of this
subsection; or
(B) A hybrid vehicle, which means a motor vehicle which draws propulsion energy from onboard sources of stored energy which include an internal combustion or heat engine using combustible fuel and a rechargeable energy storage system; and, in the case of a passenger automobile or light truck, means for any 2000 and later model, a vehicle which has received a certificate of conformity under the Clean Air Act, 42 U.S.C. Section 7401, et seq., and meets or exceeds the equivalent qualifying California low-emission vehicle standard under Section 243(e)(2) of the Clean Air Act, 42 U.S.C. Section 7583(c)(2), for that make and model year or, for any 2004 and later model, a vehicle which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the administrator of the Environmental Protection Agency under Section 202(i) of the Clean Air Act, 42 U.S.C. Section 7521(i), for that make and model year vehicle and which achieves a composite label fuel economy greater than or equal to 1.5 times the Model Year 2002 EPA composite class average for the same vehicle class and which is made by a manufacturer."
"(a) As used in this Code section, the term:
(1) 'Alternative fuel' means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more or such other percentage, but not less than 70 percent, as determined by the United States secretary of energy, by rule as it existed on January 1, 1997, to provide for requirements relating to cold start, safety, or vehicle functions, by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol derived from biological materials; electricity including electricity from solar energy; and any other fuel the United States secretary of energy determined by rule as it existed on January 1, 1997, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits.
(2) 'Alternative fueled vehicle' means:
(A) Any
(B) A hybrid vehicle, which means a motor vehicle which draws propulsion energy from onboard sources of stored energy which include an internal combustion or heat engine using combustible fuel and a rechargeable energy storage system; and, in the case of a passenger automobile or light truck, means for any 2000 and later model, a vehicle which has received a certificate of conformity under the Clean Air Act, 42 U.S.C. Section 7401, et seq., and meets or exceeds the equivalent qualifying California low-emission vehicle standard under Section 243(e)(2) of the Clean Air Act, 42 U.S.C. Section 7583(c)(2), for that make and model year or, for any 2004 and later model, a vehicle which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the administrator of the Environmental Protection Agency under Section 202(i) of the Clean Air Act, 42 U.S.C. Section 7521(i), for that make and model year vehicle and which achieves a composite label fuel economy greater than or equal to 1.5 times the Model Year 2002 EPA composite class average for the same vehicle class and which is made by a manufacturer."
SECTION 4.
Said title is further amended in Code Section 40-6-188,
relating to highway work zones, by striking subsection (e) and inserting in its
place the
following:
"(e)(1) In order for a person to be cited or convicted for exceeding a speed limit, reduced or otherwise, in any highway work zone as provided in paragraph (2) of this subsection, there must be present in the highway work zone at the time of the offense the signage required by this Code section and either:
(A) Work zone personnel; or
(B) Barriers, on-site work vehicles, or shoulder or pavement drop offs that constitute a hazard to the traveling public.
(2) A person convicted of exceeding the speed limit, reduced or otherwise, in any highway work zone designated pursuant to this Code sectionand identified at the time of the
violation by such signage at the beginning of the highway work zone as required
herein and, if such speed limit was reduced as provided by this Code section, by
such signage at the beginning and in advance of such reduced speed zone to the
extent required herein shall be guilty of a misdemeanor of a high and
aggravated nature and shall be punished by a fine of not less than $100.00 nor
more than $2,000.00 or by imprisonment for a term not to exceed 12 months, or
both. The provisions of this subsection shall apply without regard to
whether work zone personnel were present in the highway work zone when the
violation
occurred."
"(e)(1) In order for a person to be cited or convicted for exceeding a speed limit, reduced or otherwise, in any highway work zone as provided in paragraph (2) of this subsection, there must be present in the highway work zone at the time of the offense the signage required by this Code section and either:
(A) Work zone personnel; or
(B) Barriers, on-site work vehicles, or shoulder or pavement drop offs that constitute a hazard to the traveling public.
(2) A person convicted of exceeding the speed limit, reduced or otherwise, in any highway work zone designated pursuant to this Code section
SECTION 5.
Article 2 of Chapter 14 of Title 40 of the Official Code of
Georgia Annotated, relating to speed detection devices, is amended by striking
Code Section 40-14-6, relating to required warning signs, and inserting in its
place the
following:
"40-14-6.
(a) Each county, municipality, college, and university using speed detection devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least30 24 by 30 inches
in area and shall warn approaching motorists that speed detection devices are
being employed. No such devices shall be used within 500 feet of any such
warning sign erected pursuant to this subsection.
(b) In addition to the signs required under subsection (a) of this Code section, each county, municipality, college, and university using speed detection devices shall erect speed limit warning signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least30 24 by 30 inches in area, shall warn approaching
motorists of changes in the speed limit, shall be visible plainly from every
lane of traffic, shall be viewable in any traffic conditions, and shall not be
placed in such a manner that the view of such sign is subject to being
obstructed by any other vehicle on such highway. No such devices shall be used
within 500 feet of any such warning sign erected pursuant to this
subsection."
"40-14-6.
(a) Each county, municipality, college, and university using speed detection devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least
(b) In addition to the signs required under subsection (a) of this Code section, each county, municipality, college, and university using speed detection devices shall erect speed limit warning signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least
SECTION 6.
Said article is further amended in Code Section 40-14-9,
relating to when evidence obtained in certain areas is inadmissible and use of a
speed detection device on a hill, by striking said Code section in its entirety
and inserting in its place the
following:
"40-14-9.
Evidence obtained by county or municipal law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prosecution of a violation of any municipal ordinance, county ordinance, or state law regulating speed; nor shall such evidence be admissible in the prosecution of a violation as aforesaid when such violation has occurred within 30 days following a reduction of the speed limit in the area where the violation took place, except that this 30 day limitation shall not apply to a speeding violation within a highway work zone, as defined in Code Section 40-6-188. No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has a grade in excess of 7 percent."
"40-14-9.
Evidence obtained by county or municipal law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prosecution of a violation of any municipal ordinance, county ordinance, or state law regulating speed; nor shall such evidence be admissible in the prosecution of a violation as aforesaid when such violation has occurred within 30 days following a reduction of the speed limit in the area where the violation took place, except that this 30 day limitation shall not apply to a speeding violation within a highway work zone, as defined in Code Section 40-6-188. No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has a grade in excess of 7 percent."
SECTION 7.
All laws and parts of laws in conflict with this Act are
repealed.