Bill Text: GA HB91 | 2011-2012 | Regular Session | Comm Sub

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Bill Title: Drivers' licenses; felony offense demarcated on license; provisions

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2012-03-22 - Senate Read Second Time [HB91 Detail]

Download: Georgia-2011-HB91-Comm_Sub.html

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12 LC 35 2690S

The Senate Public Safety Committee offered the following substitute to HB 91:

A BILL TO BE ENTITLED
AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for definitions; to provide for the notification of the use of speed detection and enforcement devices; to provide for the use of speed detection and enforcement devices; to provide for the issuance of citations for violating speed limits in safety zones; to provide for civil penalties; to provide for notification of alleged violations; to provide for the use of recorded images from safety zone speed detection and enforcement devices as evidence in proceedings; to provide for procedural requirements; to provide for jurisdiction; to provide for the establishment of rules and regulations regarding safety zone speed detection and enforcement devices; to provide for an effective date; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising Code Section 40-6-188, relating to reduction of speed in highway work zones and signage, as follows:

"(a) As used in this Code section, the term:

(1) 'Highway work zone' means a segment of any highway, road, or street where the Department of Transportation, a county, a municipality, or any contractor for any of the foregoing is engaged in constructing, reconstructing, or maintaining the physical structure of the roadway or its shoulders or features adjacent to the roadway, including without limitation underground or overhead utilities or highway appurtenances, or any other type of work related thereto.

(2) 'Recorded images' means images recorded by a safety zone speed detection and enforcement device in an electronic format such as a digital photograph or video.

(3) 'Safety zone' means the area in or around a highway work zone.

(4) 'Safety zone speed detection and enforcement device' means a device designed to measure the speed or velocity of a motor vehicle and produce recorded images of motor vehicles exceeding the speed limit within a safety zone.

(5) 'Safety zone speed detection and enforcement device operator' means an individual

trained to operate a safety zone speed detection and enforcement device system and is a state law enforcement officer.

(6) 'Work zone personnel' means employees of the Department of Transportation, a county, a municipality, or any contractor for any of the foregoing.

(b)(1) The Department of Transportation, any county, or any municipality may designate any segment of a highway, road, or street under its jurisdiction as a highway work zone.

(2) Whenever a highway work zone is designated pursuant to paragraph (1) of this subsection, there shall be erected or posted signage of adequate size at the beginning point of such highway work zone designating the zone and warning the traveling public that increased penalties for speeding violations are in effect for the highway work zone, and there shall be erected or posted at the end of such highway work zone adequate signage indicating the end of such zone and that increased penalties for speeding violations are no longer in effect.

(c)(1) The Department of Transportation or the governing authority of any county or municipal corporation is authorized to establish a temporary reduction in the maximum speed limit through any highway work zone located on or adjacent to any street or highway under its respective jurisdiction. The commissioner of transportation or the local governing authority shall not be required to conduct any engineering and traffic investigation in order to establish a reduced speed limit in a highway work zone pursuant to this paragraph.

(2) Whenever reduced speed zones are established pursuant to paragraph (1) of this subsection, there shall be erected or posted signage of adequate size at the beginning point of such speed zone designating the zone and the speed limit to be observed therein, and warning the traveling public that the speed zone may be monitored by a safety zone speed detection and enforcement device. there There shall be erected or posted at the end of such speed zone adequate signage indicating the end of such speed zone, which signage shall also indicate and such different speed limit as may then be observed. Signs indicating such reduced speed limit shall be spaced not further than one mile apart throughout the highway work zone. Where the speed limit established pursuant to paragraph (1) of this subsection is at least ten miles per hour less than the established speed limit on the street or highway, there shall be erected at least 600 feet in advance of the beginning of the speed zone a sign of adequate size which shall bear the legend 'Reduced Speed Ahead.' Whenever any signage is required by this paragraph, the same shall be in addition to the signage requirements of paragraph (2) of subsection (b) of this Code section.

(d)(1) Any signage required by this Code section shall conform to applicable provisions of the Manual on Uniform Traffic Control Devices; provided, however, that nothing in this Code section shall prohibit the use of movable or portable speed limit signs in highway work zones.

(2) Any existing regulatory signage conflicting with signage erected or posted pursuant to this Code section shall be removed, covered, folded, or turned so as not to be readable by oncoming motorists.

(e)(1) Safety zone speed detection and enforcement devices set up by an authorized safety zone speed detection and enforcement device operator may be used in a highway work zone to capture recorded images of motor vehicles exceeding the posted work zone speed limit by more than 10 miles per hour within a highway work zone when work zone personnel are present. Such images may be entered into evidence during a proceeding arising out of acts alleged to have been committed by any person in violation of this Code section.

(2) For the purpose of enforcement pursuant to this subsection:

(A) The driver of a motor vehicle shall be liable for a civil monetary penalty of not less than $100.00 and not more than $400.00 if such vehicle is found to have been exceeding the speed limit by more than 10 miles per hour within a safety zone when work zone personnel are present and such speed was not otherwise authorized by law;

(B) The law enforcement agency authorized to enforce the provisions of this Code section shall send addressed to the owner of the motor vehicle by regular mail postmarked not later than 14 days after the date of the alleged violation the following:

(i) A citation for the alleged violation, which shall include the date and time of the violation, the location of the safety zone, the amount of the civil monetary penalty imposed, and the date by which the civil monetary penalty shall be paid;

(ii) A copy of the recorded image;

(iii) A copy of a certificate sworn to or affirmed by a certified peace officer employed by a law enforcement agency authorized to enforce this Code section and stating that, based upon inspection of recorded images, the owner's motor vehicle was exceeding the speed limit within a safety zone in violation of this Code section and that such speed was not otherwise authorized by law;

(iv) Information advising the owner of the motor vehicle of the manner and time in which liability as alleged in the citation may be contested in court; and

(v) A warning that failure to pay the civil monetary penalty or to contest liability in a timely manner shall waive any right to contest liability and result in a civil monetary penalty;

provided, however, that only warning notices and not citations for violations shall be sent during the 30 day period commencing with the installation of a safety zone speed detection and enforcement device at such location;

(C) In any proceeding arising out of acts alleged to have been committed by any person in violation of this Code section, the trier of fact, in its discretion, may infer that a vehicle was operated in violation of this Code section if the following is entered into evidence:

(i) Recorded images produced by a safety zone speed detection and enforcement device of a motor vehicle in a safety zone;

(ii ) A copy of a certificate sworn to or affirmed by a certified peace officer employed by a law enforcement agency that states, based upon inspection of recorded images, such motor vehicle was exceeding the speed limit in a safety zone in violation of this Code section and that such speed was not otherwise authorized by law;

(iii) Documentation evidencing that the signage as required by this Code section was in place at the time of the alleged offense; and

(iv) Documentation evidencing that, at the time the alleged violation occurred, work zone personnel were present; and

(D) Liability under this Code section shall be determined based upon preponderance of the evidence. Evidence that the vehicle described in the citation issued pursuant to this paragraph was operated in violation of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall permit the trier of fact, in its discretion, to infer that the owner of the vehicle was the driver of the vehicle at the time of the alleged violation; provided, however, that such inference may be rebutted if the owner of the vehicle:

(i) Testifies under oath in open court or submits to the court a sworn notarized statement that he or she was not the operator of the vehicle at the time of the alleged violation;

(ii) Presents to the court a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation; or

(iii) Submits to the court a sworn notarized statement identifying the name of the operator of the vehicle at the time of the alleged violation.

(3) A violation for which a civil penalty is imposed pursuant to this subsection shall not be considered a moving traffic violation for the purpose of points assessment under Code Section 40-5-57. Such violation shall be deemed noncriminal, and imposition of a civil penalty pursuant to this subsection shall not be deemed a conviction and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for any insurance purposes in the provision of motor vehicle insurance coverage.

(4) If a person summoned by regular mail fails to appear on the date of return set out in the citation and has not paid the penalty for the violation or filed a police report or notarized statement pursuant to subparagraph (D) of paragraph (2) of this subsection, the person shall then be summoned a second time by certified mail, return receipt requested. The second summons shall include all information required in subparagraph (B) of paragraph (2) of this subsection for the initial summons and shall include a new date of return. If a person summoned by certified mail again fails to appear on the date of return set out in the second citation and has failed to pay the penalty or file an appropriate document for rebuttal, the person summoned shall have waived the right to contest the violation and shall be liable for a civil monetary penalty of not less than $100.00 but not more than $400.00.

(5) Any court having jurisdiction over violations of this Code section shall have jurisdiction over cases arising under this subsection and shall be authorized to impose the civil monetary penalty provided by this subsection. Except as otherwise provided in this subsection, the provisions of law governing jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of penalties otherwise applicable to violations of this Code section shall apply to enforcement under this subsection; provided, however, that any appeal from superior or state court shall be by application in the same manner as that provided by Code Section 5-6-35.

(6) Recorded images made for purposes of this subsection shall not be a public record for purposes of Article 4 of Chapter 18 of Title 50.

(7) A governing authority shall not impose a civil penalty under this subsection on the owner of a motor vehicle if the operator of the vehicle was arrested or issued a citation and notice to appear by a peace officer for the same violation that is recorded by a safety zone speed detection and enforcement device.

(f)(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) Except as otherwise provided in subsection (e) of this Code section, a A person convicted of exceeding the speed limit, reduced or otherwise, in any highway work zone designated pursuant to this Code section 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.

(f)(g) Whenever the Department of Transportation finds it necessary to designate a highway work zone within a county or municipality, the Department of Transportation shall be required to notify the county or municipality of the work activity; provided, however, that the failure of the Department of Transportation to give such notice shall not be a defense to any charge of violating the speed limit in any highway work zone."

SECTION 2.

Said title is further amended in Chapter 14, relating to use of speed detection and traffic-control signal monitoring devices, by adding a new Code section to read as follows:

"40-14-18.

(a) As used in this Code section, the terms 'safety zone speed detection and enforcement device' and 'safety zone speed detection and enforcement device operators' shall have the same meanings as provided by Code Section 40-6-188.

(b) The Department of Transportation shall establish the rules and regulations necessary for:

(1) The authorization, certification, and training of safety zone speed detection and enforcement device operators;

(2) The establishment of a record-keeping system for locations of active safety zone speed detection and enforcement devices; and

(3) The calibration of safety zone speed detection and enforcement devices.

(c) In determining whether a safety zone speed detection and enforcement device shall be used, the Department of Transportation's primary consideration shall be the need for increasing lifesaving safety measures of an area, but the possible revenue generated by the use of such device shall not be considered."

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall be automatically repealed on January 1, 2015, unless extended by further Act of the General Assembly.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.