09 SB128/AP
Senate
Bill 128
By:
Senators Shafer of the 48th, Hudgens of the 47th, Pearson of the 51st, Hawkins
of the 49th, Mullis of the 53rd and others
AS
PASSED
AN
ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles and traffic, so as to provide for the regulation of trailers, to
provide for the issuances, at the registration and licensing of motor vehicles,
and so as to provide for the issuances, at the option of the owner, of permanent
license plates for boat trailers, utility trailers, and noncommercial cattle and
livestock trailers; to provide for fees; to provide that such license plates
shall not be transferable; to provide for administration; to update certain
provisions relating to surge brakes; to provide for effective dates; and for
applicability; 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 40 of the Official Code of Georgia Annotated, relating to
registration and licensing of motor vehicles, is amended by revising
subparagraph (A) of paragraph (1) of subsection (a) of Code Section 40-2-20,
relating to registration and license requirements, extension of registration
period, and penalties, as follows:
"(a)(1)(A)
Except as provided in subsection (b) of this Code section and subsection (a) of
Code Section 40-2-47, every owner of a motor vehicle, including a tractor or
motorcycle, and every owner of a trailer shall, during the owner's registration
period in each year, register such vehicle as provided in this chapter and
obtain a license to operate it for the 12 month period until such person's next
registration period."
SECTION
2.
Said
chapter is further amended by revising Code Section 40-2-47, relating to
permanent registration and license plates for certain trailers and the
definition of "leased or rented trailer," as follows:
"40-2-47.
(a)
Notwithstanding any other provision of this chapter to the contrary, the owner
of any trailer, including:
(1)
Any leased or rented trailer and including single pole and twin-beam trailers
and other trailers used in commercial logging or commercial trailers used for
the hauling of unprocessed farm products used as or in connection with a motor
vehicle, truck, or tractor used as a common or contract carrier for hire, a
private carrier, or a motor carrier of property; or
(2)
Any boat trailer, utility trailer, or noncommercial cattle and livestock
trailer,
shall
have the option of obtaining a permanent registration and license plate for such
trailer, in lieu of an annual registration and license plate, upon the payment
of the one-time fee specified in Code Section 40-2-151 and compliance with the
provisions of this Code section.
(b)
The certificate of registration and license plate issued for a specific trailer
under this Code section shall continue to be valid for the duration of the
owner's interest in such trailer. No registration or license plate issued for
any trailer under this Code section shall be transferred for any reason and a
new registration and license plate shall be required when ownership of the
trailer is transferred to a new owner. The payment of the fee for a permanent
registration and license plate shall be in addition to and not in lieu of the
payment of annual ad valorem taxes on such trailer during the period of December
1 to February 15.
(c)
As used in this Code section, the term 'leased or rented trailer' means any
utility trailer that is owned by and leased or rented out by a person, firm, or
corporation in the business of leasing or renting out such
trailers."
SECTION
3.
Said
chapter is further amended by revising subsection (b) of Code Section 40-2-151,
relating to annual license fees for operation of vehicles and fee for permanent
licensing of certain trailers, as follows:
"(b)
In lieu of the annual fee provided in paragraphs (6), (7) or (8) of subsection
(a) of this Code section, the optional one-time fee for a permanent registration
and license plate for:
(1)
Any trailer used as or in connection with a motor vehicle, truck, or tractor
used as a common or contract carrier for hire, a private carrier, or a motor
carrier of property; or
(2)
Any boat trailer, utility trailer, or noncommercial cattle and livestock trailer
authorized to obtain a permanent registration and license plate under the
provisions of Code Section 40-2-47 shall be $48.00."
SECTION
3A.
Said
title is further amended by revising Code Section 40-8-50, relating to brakes
required on motor vehicles, as follows:
"40-8-50.
(a)
As used in this Code section, the term:
(1)
'Gross combination weight rating (GCWR)' means the combined gross vehicle weight
ratings of all vehicles in a combination of vehicles.
(2)
'Gross vehicle weight rating (GVWR)' means the value specified by the
manufacturer or manufacturers as the maximum loaded weight of a single or a
combination (articulated) vehicle, the actual gross weight, or registered gross
weight, whichever is greater.
(3)
'Hazardous material' has the meaning provided by Chapter 51 of Title 49 of the
United States Code Annotated.
(4)
'Surge brakes' means a self-contained, permanently closed hydraulic brake system
for trailers that relies on inertial forces, developed in response to the
braking action of the towing vehicle, applied to a hydraulic device mounted on
or connected to the tongue of the trailer to slow down or stop the towed
vehicle.
(b)
Every motor vehicle, other than a motorcycle or motor driven cycle, when
operated upon a highway shall be equipped with brakes adequate to control the
movement of and to stop and hold such vehicle, including two separate means of
applying the brakes, each of which means shall be effective to apply the brakes
to at least two wheels. If these two separate means of applying the brakes are
connected in any way, they shall be so constructed that failure on any one part
of the operating mechanism shall not leave the motor vehicle without brakes on
at least two wheels.
(c)
Every motorcycle and motor driven cycle manufactured after January 1, 1974, when
operated upon a highway, shall be equipped with at least two brakes which may be
operated by hand or foot.
(d)
Except as otherwise provided in subsection (e) of this Code section, every
trailer or semitrailer of 3,000 pounds gross weight or more shall be equipped
with brakes on all wheels. Any farm trailer with two or more wheels, pulled from
a tongue, used in or operated for farm purposes, including transporting
fertilizer and agricultural materials to the farm, shall not be required to have
an independent braking system thereon, provided such farm trailer shall not
weigh over 4,000 pounds when empty.
(e)
Any trailer or semitrailer may utilize surge brakes, subject to the following
conditions and limitations:
(1)
The gross vehicle weight rating or the actual gross weight of any surge brake
equipped trailer or semitrailer does not exceed 20,000 pounds;
(2)
For trailers and semitrailers with a gross vehicle weight rating of 12,000
pounds or less, the gross vehicle weight rating of any such trailer shall not
exceed 1.75 times the gross vehicle weight rating of the towing
vehicle;
(3)
For trailers and semitrailers with a gross vehicle weight rating greater than
12,000 pounds, but less than 20,001 pounds, the gross vehicle weight rating of
any such trailer shall not exceed 1.25 times the gross vehicle weight rating of
the towing vehicle;
(4)
The actual gross weight of the trailer or semitrailer and load does not exceed
the manufacturer's gross vehicle weight rating;
(5)
The trailer or semitrailer brakes must be designed and connected in such a
manner that in case of accidental breakaway of the towed vehicle the brakes
shall apply automatically; and
(6)
For vehicles used for commercial purposes, the vehicle or combination of
vehicles complies in all other respects with licensing, insurance,
registration, identification, driver and vehicle safety, and hazardous materials
regulations of the Department of Public Safety and United States Department of
Transportation applicable to such vehicles or combination of
vehicles.
(f)
Where there is no manufacturer's gross vehicle weight rating or the
manufacturer's gross vehicle weight rating is exceeded in violation of paragraph
(4) of subsection (e) of this Code section, then the actual gross weight of the
trailer or semitrailer shall be used to determine compliance with paragraphs (2)
and (3) of subsection (e) of this Code section."
SECTION
4.
Section
3A of this Act shall become effective upon its approval by the Governor or upon
its becoming law without such approval. The remaining sections of this Act
shall become effective on January 1, 2010, and shall apply to registration and
licensing of trailers on and after such date.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.