09 LC 29
3642
House
Bill 343
By:
Representatives Collins of the
27th,
Chambers of the
81st,
Martin of the
47th,
Hamilton of the
23rd,
Day of the
163rd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating
to the Department of Public Safety, so as to create civilian weight inspectors
for motor carriers; to provide for powers and duties; to provide for
restrictions of power; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 35 of the Official Code of Georgia Annotated, relating to the
Department of Public Safety, is amended by adding a new article to read as
follows:
"ARTICLE
6
35-2-110.
There
is created and established a division of the Department of Public Safety to be
known as the Civilian Weight Inspector for Motor Carriers Division.
35-2-111.
(a)
The Civilian Weight Inspector for Motor Carriers Division of the department
shall have jurisdiction throughout this state with such duties and powers as are
prescribed this article.
(b)
The commissioner shall establish a position to be known as the 'civilian weight
inspector' which shall be operated within fixed scales facilities.
(c)
The Civilian Weight Inspector for Motor Carriers Division shall consist of such
personnel as the commissioner deems necessary within the limits set by available
appropriations.
(d)
Civilian weight inspectors may be divided into such ranks or classifications as
the commissioner deems appropriate. A civilian weight inspector shall not be
classified as a law enforcement officer pursuant to subsection (c) of Code
Section 35-2-101 and shall not be authorized to carry firearms or exercise
arrest powers.
35-2-112.
(a)
While on duty at a fixed scales facility, a civilian weight inspector shall be
authorized to assist with the enforcement of laws governing commercial motor
vehicle weight, registration, size, and load. Such inspector may assess civil
penalties for violations of law.
(b)
Pursuant to Code Sections 17-4-60 and 17-4-61, a civilian weight inspector may
detain a commercial motor vehicle that has a safety defect which is critical to
the continued safe operation of the vehicle or that is operating in violation of
an out-of-service order as reported on the federal Safety and Fitness Electronic
Records data base. A detained vehicle shall be released if the safety defect is
repaired prior to the arrival of a law enforcement officer.
(c)
A civilian weight inspector may summons a law enforcement officer from the Motor
Carrier Compliance Division or a member of the Georgia State Patrol to enforce
the traffic laws of this
state."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.