05 SB160/FA/2
Senate
Bill 160
By: Senators Pearson of the 51st, Williams of the 19th, Whitehead, Sr. of the 24th, Douglas of the 17th, Hamrick of the 30th and others
By: Senators Pearson of the 51st, Williams of the 19th, Whitehead, Sr. of the 24th, Douglas of the 17th, Hamrick of the 30th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 32 of the Official Code of Georgia Annotated, relating
to general provisions relative to highways, bridges, and ferries, so as to amend
the definition of terms; to amend Article 2 of Chapter 6 of Title 32 of the
Official Code of Georgia Annotated, relating to dimensions and weight of
vehicles and loads, so as to remove all references to national highways; to
amend Part 1 of Article 3 of Chapter 6 of Title 32 of the Official Code of
Georgia Annotated, relating to control of signs and signals on public roads
generally, so as to remove all references to a federal_aid primary road; to
amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of
Georgia Annotated, relating to control of signs and signals on the state highway
system, so as to amend the definition of a primary system or highway; to amend
Article 8 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated,
relating to the control of junkyards, so as to define the scope of the
Department of Transportation´s control over junkyards; to limit the
junkyard screening requirement; to limit the scope of junkyard control; to
change the areas of authorization for junkyard control; to amend Part 1 of
Article 1 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated,
relating to general provisions regarding the Georgia Highway Authority, so as to
refine definitions; to provide for related matters; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 32 of the Official Code of Georgia Annotated, relating to general
provisions relative to highways, bridges, and ferries, is amended by striking
paragraph (10) of Code Section 32_1_3, containing definitions relative to
highways, bridges, and ferries, and inserting in its place a new paragraph (10)
and also by inserting new paragraphs (12.1) and (27.1) to read as
follows:
"(10)
'Federal_aid systems' means those public roads in Georgia comprised of The
Dwight D. Eisenhower System of Interstate and Defense Highways
the
federal_aid primary system, the federal_aid secondary system, and the
federal_aid urban system
and the
National Highway System, as those terms
are defined in Section 103 of Title 23 of the United States
Code."
"(12.1)
'Interstate highways' means any highway which constitutes a part of The Dwight
D. Eisenhower System of Interstate and Defense Highways as used in Section 103
of Title 23 of the United States
Code."
"(27.1)
'State roads' or 'state routes' means those roads which are defined under
paragraph (1) of Code Section
32_4_1."
SECTION
2.
Article
2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating
to dimensions and weight of vehicles and loads, is amended by striking Code
Section 32_6_26, relating to weight of vehicle and load, and inserting in its
place the following:
"32_6_26.
(a)
As used in this Code section, the term:
(1)
'Federal bridge formula' means:
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LN
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W
= 500
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——
+ 12N + 36
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||
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N_1
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Where
W = the overall gross weight on any group of two or more consecutive axles to
the nearest 500 pounds, L = the distance in feet between the extreme of any
group of two or more consecutive axles, and N = the number of axles in the group
under consideration.
(2)
'Lift axle' means any axle on any vehicle manufactured after July 1, 1978, which
axle may be raised or lowered with respect to the horizontal plane of the
vehicle.
(3)
'National highway' means any highway which constitutes a part of The Dwight D.
Eisenhower System of Interstate and Defense Highways as used in Section 127 of
Title 23 of the United States Code.
(4)(3)
'Single axle' means all the wheels whose centers may be included between two
parallel transverse vertical planes 40 inches apart.
(5)(4)
'State bridge formula' means:
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LN
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W
= 500
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——
+ 12N + 36
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N_1
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Where
W = the maximum allowable gross weight of the vehicle or combination of vehicles
to the nearest 500 pounds, L = the distance in feet between the first and last
axles of the vehicle or combination of vehicles, and N = the number of axles on
the vehicle or combination of vehicles.
(6)
'Tandem axle' means, until April 1, 1988, two or more consecutive axles,
excluding the steering axle, which extend across the full width of the vehicle
and whose centers may be included between parallel vertical planes spaced more
than 40 inches apart but not more than 96 inches apart.
(7)(5)
'Tandem axle'
means,
after April 1, 1988, two or more
consecutive axles, excluding the steering axle, which extend across the full
width of the vehicle and whose centers may be included between parallel vertical
planes spaced more than 40 inches apart but not more than 216 inches
apart.
(b)
Except when authorized by a permit issued pursuant to Code Section 32_6_28 and
except as otherwise provided in this Code section:
(1)
No vehicle equipped with high pressure pneumatic, solid rubber, or cushion tires
and operated upon any public road of this state shall carry a load on any wheel
which exceeds 8,000 pounds by more than 13 percent or a load on any single axle
which exceeds 16,000 pounds by more than 13 percent; and
(2)
No vehicle equipped with low pressure pneumatic tires and operated upon any
public road of this state shall carry a load on any wheel which exceeds 9,000
pounds by more than 13 percent or a load on any single axle which exceeds 18,000
pounds by more than 13 percent.
(c)(1)(A)
On all highways within this state which are not
national
interstate
highways, the maximum total gross weight authorized for any vehicle and load
shall not exceed 80,000 pounds; the maximum load authorized on any single axle
shall be as provided in subsection (b) of this Code section; the maximum load on
any tandem axle shall be 40,680 pounds; and subject to subparagraph (B) and
subparagraph (C) of this paragraph, the maximum total gross weight authorized
for any vehicle and load shall be the maximum load authorized on any single axle
multiplied by the number of axles with which the vehicle is
equipped.
(B)
For vehicles and loads with an actual total gross weight between 73,280 pounds
and 80,000 pounds, the maximum total gross weight authorized for the vehicle and
load shall be determined by applying the state bridge formula.
(C)
For any vehicle equipped with four axles, the maximum total gross weight
authorized for the vehicle and load shall be 70,000 pounds.
(2)
Reserved.
(3)
After April
1, 1988, no
No
lift axle may be used in computing the maximum total gross weight authorized for
any vehicle or load.
(d)(1)(A)
On all highways within this state which are
national
interstate
highways,
except as
provided in paragraph (2) of this
subsection, the maximum total gross weight
authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum
load authorized on any single axle shall be as provided in subsection (b) of
this Code section; and, except as provided in subparagraph (B) of this
paragraph, the maximum overall gross weight in pounds on a group of two or more
consecutive axles shall be determined by applying the federal bridge formula. In
applying the formula, no lift axle shall be counted as an individual or
additional axle when determining the maximum overall gross weight.
(B)
Notwithstanding the provisions of subparagraph (A) of this paragraph, the
maximum load authorized on any tandem axle shall be 34,000 pounds, and any two
consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if
the overall distance between the first and last axles of such consecutive sets
of tandem axles is 36 feet or more; however, except for vehicles and
combinations of vehicles exceeding 55 feet in length, the maximum gross weight
authorized on a tandem axle for a vehicle or combination of vehicles carrying a
gross weight of less than 73,280 pounds shall be 40,680 pounds.
(2)(A)
Any vehicle registered with the Department of Revenue prior to April 1, 1983,
shall be exempt from the provisions of paragraph (1) of this subsection until
April 1, 1988, upon obtaining a special permit from the department or upon being
otherwise exempt under an agreement entered into pursuant to the provisions of
subsection (e) of this Code section. This permit shall be issued for
identification purposes, shall be nontransferable, and shall be terminated on
April 1, 1988. For vehicles operating on highways within this state which are
national highways under a permit issued under this paragraph, the maximum total
gross weight authorized for any vehicle and load shall not exceed 80,000 pounds;
the maximum load authorized on any single axle shall be as provided in
subsection (b) of this Code section; except as provided in subparagraph (B) of
this paragraph, the maximum load on any tandem axle shall be 40,680 pounds; and,
except as provided in subparagraph (C) of this paragraph, the maximum total
gross weight authorized for any vehicle and load shall be the maximum load
authorized on any single axle multiplied by the number of axles with which the
vehicle is equipped.
(B)
For vehicles or combinations of vehicles carrying a gross weight of more than
73,280 pounds or for vehicles or combinations of vehicles exceeding 55 feet in
length, the maximum gross weight authorized on a tandem axle shall be 34,000
pounds.
(C)
For vehicles or combinations of vehicles carrying a gross weight of more than
73,280 pounds, the maximum total gross weight authorized for any vehicle and
load shall be determined by applying the federal bridge formula. In applying
the formula, no lift axle shall be counted as an individual or additional
axle.
(3)(2)
If at any time federal law authorizes any weight greater than that authorized by
this subsection, such greater weight under federal law shall be authorized on
the
national
interstate
highways within this state.
(e)(1)
Subject to the provisions of this article, the department shall be authorized,
on behalf of the state, to enter into agreements with the United States
Secretary of Transportation as provided in Section 127 of Title 23 of the United
States Code, relating to the control of vehicle weight and width limitations,
which agreements shall exempt certain vehicles from the requirements of
subsection (d) of this Code section. The department shall be authorized to take
action in the name of the state to comply with the terms of any such agreement
and to promulgate any rules and regulations necessary to ensure the
department´s compliance with federal laws and to provide for the issuance
of the special permits required by this Code section.
(2)
The department shall include in any agreement with the United States Secretary
of Transportation a provision which ensures that any vehicle registered with the
Department of Revenue prior to April 1, 1983, shall be exempt from the
application of the federal bridge formula as required by subsection (d) of this
Code section if the vehicle otherwise complies with the provisions of paragraph
(2) of subsection (d) of this Code section and obtains a special permit from the
department. The department shall also include in any agreement with the United
States Secretary of Transportation a provision which ensures that any lift axle
may be counted as an individual or additional axle when computing the maximum
total gross weight authorized for a vehicle and load below 73,280 pounds as
provided in subparagraph (d)(2)(A) of this Code section.
(3)
Any agreement entered into pursuant to this subsection shall be terminated April
1, 1988.
(f)
On any public road of a county road system, the maximum total gross weight of a
vehicle and load shall not exceed 56,000 pounds unless the vehicle is making a
pickup or delivery on such road; except that if a county road is constructed to
the same standards as those highways of this state which are
national
interstate
highways and is authorized as a designated local truck route pursuant to
official resolution of the county and approval of the commissioner, the maximum
weight limits for such designated local truck route shall be the same as those
for highways in this state which are not
national
interstate
highways as provided by paragraph (1) of subsection (c) of this Code
section.
(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
interstate
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 owner´s place of
business, plant, plantation, or residence;
(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)
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.
(h)
Notwithstanding any provision of this Code section to the contrary, no vehicle
or combination of vehicles shall be operated over any bridge with a posted limit
which is less than the total gross weight of the vehicle and its
load.
(i)(1)
Any vehicle which can be made to comply with the requirements of this Code
section by shifting the load and which is then loaded to comply with this Code
section shall not be held to be in violation of this Code section.
(2)
On all highways within this state which are not
national
interstate
highways:
(A)
Except as provided in subparagraph (B) of this paragraph, for all vehicles,
fines for violations of the total gross weight limitations provided for in
subsection (c) of this Code section shall be based on the amount by which the
actual weight of the vehicle and load exceeds the allowable maximum weight
determined under subsection (c) of this Code section.
(B)
For vehicles equipped with four axles, fines for violations of the total gross
weight limitations provided for in subsection (c) of this Code section shall be
based on the amount by which the actual weight of the vehicle and load exceeds
70,000 pounds.
(j)
Except as provided in subsections (f) and (h) of this Code section, weight
limits and axle definitions for any bimodal semitrailer, semitrailers, and
trailers operated on highways and public roads within this state shall be weight
limits and axle definitions authorized by federal law governing
national
interstate
highways."
SECTION
3.
Part
1 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia
Annotated, relating to control of signs and signals on public roads generally,
is amended by striking subsection (d) of Code Section 32_6_51, relating to the
erection, placement, or maintenance of unlawful or unauthorized structures, and
inserting in its place the following:
"(d)(1)
As used in this subsection, the term:
(A)
'Bus shelter' means a shelter or bench located at bus stops for the convenience
of passengers of public transportation systems owned and operated by
governmental units or public authorities or located on county or municipality
rights of way for the convenience of residents.
(B)
'Commercial advertisement' means a printed or painted sign encouraging or
promoting the purchase or use of goods or services but does not include campaign
posters, signs, or advertisements prohibited by Code Section
21_2_3.
(2)
Bus shelters, including those on which commercial advertisements are placed, may
be erected and maintained on the rights of way of public roads subject to the
following conditions and requirements:
(A)
Any public transit system wishing to erect and maintain a bus shelter on the
right of way of a state
or federal
aid primary road shall apply to the
department for a permit, and as a condition of the issuance of the permit, the
department must approve the bus shelter building plans and the location of the
bus shelter on the right of way; provided, however, that such approval is
subject to any and all restrictions imposed by Title 23, U.S.C., and Title 23,
Code of Federal Regulations relating to the federal_aid system. This paragraph
shall entitle only public transit systems or their designated agents the right
to be issued permits under this paragraph;
(B)
If the bus shelter is to be located on the right of way of a public road other
than a state
or federal
aid primary road within a county or
municipality, application for permission to erect and maintain such shelter
shall be made to the respective county or municipality. Such application shall
conform to the county´s and municipality´s regulations governing the
erection and maintenance of such structures. When the county or municipality is
served by a public transit agency or authority, the applications for all bus
shelters on routes of such agency or authority shall also be forwarded by the
applicant to such transit agency or authority and subject to the approval of
such agency or authority; and
(C)
As a condition of issuing a permit for the erection of a bus shelter on the
right of way of a state
or federal
aid primary road, the department shall
require that the bus shelter shall be properly maintained and that its location
shall meet minimum setback requirements as follows:
(i)
Where a curb and gutter are present, there shall be a minimum of four feet
clearance from the face of the curb to any portion of the bus shelter or the bus
shelter shall be placed at the back of the existing concrete sidewalk;
or
(ii)
Where no curb or gutter is present, the front of the bus shelter shall be at
least ten feet from the edge of the main traveled roadway.
(3)
Any bus shelter erected and maintained on the right of way of a public road in
violation of paragraph (2) of this subsection or in violation of the conditions
of the permit issued by the department or in violation of the conditions of the
consent of the county or municipality is declared to be a public nuisance and if
it is determined to be a hazard to public safety by the department, county, or
municipality, it may be removed or its removal may be ordered by the department
or the governing authority of the respective county or municipality. In every
case of removal of a bus shelter as a hazard to public safety by the department,
a county, or a municipality, a good faith attempt shall be made to notify the
owner of its removal. In such cases where the department, county, or
municipality orders the removal of the bus shelter as a public nuisance, if such
a bus shelter is not removed by its owner within 30 days after its owner has
been issued a written order of removal by the department or the governing
authority of the respective county or municipality, the department or the
governing authority of the respective county or municipality may cause the bus
shelter to be removed and submit a statement of expenses incurred in the removal
to the owner of the bus shelter. In the case of a statement of expenses for
removal of a shelter on a state
or federal
aid primary road, if payment or
arrangement to make payment is not made within 60 days after the receipt of such
statement, the department shall certify the amount thereof to the Attorney
General for collection.
(4)
The person to whom a permit has been issued for the erection and maintenance of
a bus shelter on the right of way of a public road or who places such shelter on
a public road other than a state
or federal
aid primary road shall at all times assume
all risks for the bus shelter and shall indemnify and hold harmless the State of
Georgia, the department, and any county or municipality against all losses or
damages resulting solely from the existence of the bus shelter.
(5)
Permits for shelters on state
or federal
aid primary roads shall be issued under
this subsection only to cities, counties, or public transportation authorities
owning or operating public transportation systems or their designated
agents."
SECTION
4.
Part
2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia
Annotated, relating to control of signs and signals on the state highway system,
is amended by striking paragraph (16) of Code Section 32_6_71, relating to
definitions regarding signs on the state highway system, and inserting in its
place the following:
"(16)
'Primary system' or 'primary highway' means
any road of
the state highway system
the
federal_aid primary system in existence on June 1, 1991, and any
highway which is
a portion
of connected main highways,
not on such
system, but which is on the National Highway
System, as officially designated or as may
hereafter be so designated by the department and approved by the United States
Secretary of Transportation pursuant to the provisions of Title 23, Section 103,
United States
Code."
SECTION
5.
Article
8 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating
to the control of junkyards, is amended by redesignating paragraph (4) of Code
Section 32_6_240, relating to definitions applicable to junkyards, as paragraph
(5) and inserting a new paragraph (4) to read as follows:
"(4)
'Primary system' or 'primary highway' means the federal_aid primary system in
existence on June 1, 1991, and any highway which is not on such system, but
which is on the National Highway System, as officially designated or as may
hereafter be so designated by the department and approved by the United States
Secretary of Transportation pursuant to the provisions of Title 23, Section 103,
United States
Code."
SECTION
6.
Said
article is further amended by striking the introductory language in Code Section
32_6_241 and inserting in its place the following:
"The
department is responsible for the control of junkyards only on those primary
highways that are state roads. For all primary
highways
It
it
shall be unlawful for any person to establish, operate, or maintain any
junkyard, any portion of which is within 1,000 feet of the nearest edge of the
right of way of any interstate or federal_aid primary highway,
except:".
SECTION
7.
Said
article is further amended by striking Code Section 32_6_242, relating to
screening of junkyards, and inserting in its place the following:
"32_6_242.
Any
junkyard lawfully in existence on April 6, 1967, which is within 1,000 feet of
the nearest edge of the right of way and visible from the main traveled way of
any public road on the interstate or
federal_aid
primary system, shall, whenever feasible, be screened by the department
if such road
is on the state highway system, otherwise by the county or municipal government
having jurisdiction, so as not to be
visible from such public road. Such junkyards may be screened at locations
either on the right of way of such public road or on property acquired by the
department for that purpose outside such right of way. Whenever the commissioner
determines that it is in the best interest of the state, the department may
acquire, pursuant to any of the procedures for property acquisition set forth in
Article 1 of Chapter 3 of this title, such property or interests therein outside
existing public road rights of way as may be necessary to provide adequate
screening of such
junkyards."
SECTION
8.
Said
article is further amended by striking Code Section 32_6_243, relating to
promulgating regulations regarding the screening of junkyards, and inserting in
its place the following:
"32_6_243.
The
For any
interstate or primary highway on the state highway system,
the department may promulgate uniform and
reasonable regulations governing the screening or fencing of junkyards,
including the materials used in such screening or fencing and the location,
construction, and maintenance
thereof."
SECTION
9.
Said
article is further amended by striking Code Section 32_6_244, relating to the
authority of the commissioner to acquire land and remove junkyards, and
inserting in its place the following:
"32_6_244.
(a)
When
For state
roads on the primary system, when the
commissioner
or, with
regard to nonstate roads on the primary system, the principal elected officials
of the county or municipality having
jurisdiction determines that the
topography of the land adjoining
such
a
public
road will not permit adequate screening of any junkyard lawfully in existence on
April 6, 1967, or that such screening would not be economically feasible, the
department or
the local officials shall have the
authority to acquire, pursuant to any of the procedures for property acquisition
authorized in Article 1 of Chapter 3 of this title, such interests in lands as
may be necessary to secure the relocation, removal, or disposal of such
junkyard. The commissioner
or the local
officials shall determine whether it would
be more feasible to relocate, remove, or dispose of the junkyards which cannot
be screened, and
his
such
determination shall be final and conclusive.
(b)
All junkyards lawfully in existence on April 6, 1967, which do not conform to
the requirements of Code Section 32_6_241 and which, in the determination of the
commissioner
or the
principal elected officials of the county or municipality having
jurisdiction, cannot be made to conform by
screening, shall be required to be removed under this Code section as soon as
funds are available for that purpose, provided that the department
or the county
or municipality having jurisdiction shall
not be required to expend any funds for screening or removal under this article
unless and until federal_aid matching funds are made available for this
purpose."
SECTION
10.
Said
article is further amended by striking Code Section 32_6_245, relating to
agreements with the United States Secretary of Transportation, and inserting in
its place the following:
"32_6_245.
The
Georgia Department of Transportation is authorized to enter into agreements with
the United States Secretary of Transportation, as provided by Title 23 of the
United States Code, relating to the control of junkyards in areas adjacent to
the
interstate
system
and
federal_aid
state routes
on the primary systems; and the department
may take action in the name of the state to comply with the terms of such
agreements."
SECTION
11.
Part
1 of Article 1 of Chapter 10 of Title 32 of the Official Code of Georgia
Annotated, relating to general provisions regarding the Georgia Highway
Authority, is amended by striking paragraphs (7) and (12) of Code Section
32_10_1, relating to definitions relating to the Georgia Highway Authority, and
inserting in their place the following:
"(7)
'County road' means any public road or portion thereof, not located wholly
within the boundaries of an incorporated municipality and not now, or as of the
particular time of inquiry in the future, part of a state road or urban road as
defined in paragraphs (12) and (15), respectively, of this Code
section,
provided that the meaning of the term 'county road' shall include a public road
or portion thereof on the federal_aid secondary system if such road or portion
thereof is not part of the state highway
system. The term shall include not only
such roads as come within this definition on July 1, 1973, but also such roads,
as defined in this Code section, which may from time to time be planned, laid
out, and constructed by the authority pursuant to this article. The fact that a
road owned by the authority and leased to the state may, as provided by this
article, be declared part of the state highway system shall not destroy its
identity as a county road for the purposes of this article, provided that
nothing in the definition of 'county road' shall in any manner alter the legal
effect of said term which is intended to be synonymous with 'rural road' as used
in the 'Georgia Highway Authority Act,' Ga. L. 1967, p. 385, as
amended."
"(12)
'State road' means any public road or portion thereof which is part of the state
highway
system,
or
The Dwight D. Eisenhower System of Interstate and Defense
Highways,
the federal_aid primary system, the federal_aid secondary system, or the
Appalachian Development Highway System, together with the local access roads
appertaining thereto, in the manner provided by
law."
SECTION
12.
This
Act shall become effective on July 1, 2005.
SECTION
13.
All
laws and parts of laws in conflict with this Act are repealed.