05 HB 279/AP
House
Bill 279 (AS PASSED HOUSE AND SENATE)
By:
Representatives Floyd of the
147th,
Roberts of the
154th,
Royal of the
171st,
Crawford of the
127th,
James of the
135th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating
to weight of vehicle and load, so as to change certain provisions relating to
weight limitations for certain types of vehicles; 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 32-6-26 of the Official Code of Georgia Annotated, relating to weight of
vehicle and load, is amended by striking subsection (g) of said Code section and
inserting in its place the following:
"(g)(1)
The weight limitations provided for in this Code section, except the limitation
in subsections (f) and (h) of this Code section, may be exceeded on any public
road within this state which is not a national highway, or when making a pickup
or delivery on any public road of a county road system, without a permit only
when the load on any single axle does not exceed 23,000 pounds, the load on any
tandem axle does not exceed 46,000 pounds, and the maximum total gross weight of
the vehicle and load does not exceed 80,000 pounds when:
(A)
Hauling forest products from the forest where cut to the
owneŕs
place of business, plant, plantation, or
residence
first point of
marketing or processing;
(B)
Hauling live poultry or cotton from a farm to a processing plant;
(C)
Hauling feed from a feed mill to a farm;
(D)
Hauling granite, either block or sawed, or any other naturally occurring raw ore
or mineral for further processing, from the quarry or stockpile area to a
processing plant located in the same or an adjoining county;
(E)
Hauling solid waste or recovered materials from points of generation to a solid
waste handling facility or other processing facility; or
(F)
Hauling concrete that is in a freshly mixed and unhardened state for delivery to
a customer located in the same or an adjoining county.
No
lift axle may be used in computing the maximum total gross weight authorized for
any vehicle or load under this paragraph.
(2)
A vehicle which is hauling the products listed in subparagraph (A), (B), or (C)
of paragraph (1) of this subsection or which is hauling any other agricultural
or farm product from a farm to the first point of marketing or processing shall
be permitted a 5 percent variance from the weight limitations in paragraph (1)
of this subsection within a 100 mile radius of the farm or point of origin. Any
person who violates the load limitations provided for in this paragraph by
exceeding the 5 percent variance shall be fined on the basis of the weight
limitations of paragraph (1) of this subsection and not on the basis of the
variance allowed by this paragraph.
(2)(3)
Any vehicle carrying a load as authorized in this subsection at night shall be
equipped with lights clearly visible for a distance of not less than 300 feet
from the front and rear of the
vehicle."
SECTION
2
Code
Section 32-6-27 of the Official Code of Georgia Annotated, relating to
imposition of fines related to violations of the load limitations, is amended
by striking subsection (a) of said Code Section and inserting in its place the
following:
"(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 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
5¢ per
pound for all excess weight over the allowed weight
limitations;"
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.