12 LC
39 0178S
The
Senate Transportation Committee offered the following substitute to SB
444:
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 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)
A state or local law enforcement officer;
(B)
An employee of the Department of Transportation; or
(C)
A contractor of the Department of Transportation.
(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
speed limit within a highway work zone. 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 within a safety zone 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 or barriers, on-site vehicles, or shoulder or pavement dropoffs
that constitute a hazard to the traveling public 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.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.