11 LC
35 2163
Senate
Bill 168
By:
Senators Seay of the 34th, Mullis of the 53rd, Stoner of the 6th, James of the
35th, Butler of the 55th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
To
amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia
Annotated, relating to general provisions relative to uniform rules of the road,
so as to dedicate the Georgia Move-Over law in memory of Spencer Pass, a HERO
operator with the Georgia Department of Transportation who was tragically killed
after being hit by a passing truck while he was helping a motorist on the side
of Interstate Highway 85 in Atlanta, Georgia, on January 31, 2011; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating
to general provisions relative to uniform rules of the road, is amended by
revising Code Section 40-6-16, relating to procedure for passing stationary
authorized emergency vehicles, stationary towing or recovery vehicles, or
stationary highway maintenance vehicles, as follows:
"40-6-16.
(a)
This Code section shall be known and may be cited as the 'Spencer Pass
Law.'
(a)(b)
The operator of a motor vehicle approaching a stationary authorized emergency
vehicle that is displaying flashing yellow, amber, white, red, or blue lights
shall approach the authorized emergency vehicle with due caution and shall,
absent any other direction by a peace officer, proceed as follows:
(1)
Make a lane change into a lane not adjacent to the authorized emergency vehicle
if possible in the existing safety and traffic conditions; or
(2)
If a lane change under paragraph (1) of this subsection would be impossible,
prohibited by law, or unsafe, reduce the speed of the motor vehicle to a
reasonable and proper speed for the existing road and traffic conditions, which
speed shall be less than the posted speed limit, and be prepared to
stop.
(b)(c)
The operator of a motor vehicle approaching a stationary towing or recovery
vehicle or a stationary highway maintenance vehicle that is displaying flashing
yellow, amber, or red lights shall approach the vehicle with due caution and
shall, absent any other direction by a peace officer, proceed as
follows:
(1)
Make a lane change into a lane not adjacent to the towing, recovery, or highway
maintenance vehicle if possible in the existing safety and traffic conditions;
or
(2)
If a lane change under paragraph (1) of this subsection would be impossible,
prohibited by law, or unsafe, reduce the speed of the motor vehicle to a
reasonable and proper speed for the existing road and traffic conditions, which
speed shall be less than the posted speed limit, and be prepared to
stop.
(c)(d)
Violation of subsection
(a)
(b)
or
(b)
(c)
of this Code section shall be punished by a fine of not more than
$500.00."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.