Bill Text: GA HB990 | 2009-2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Motor carriers; financial responsibility compatible with federal regulations; provisions
Spectrum: Partisan Bill (Republican 4-0)
Status: (Vetoed) 2010-06-04 - Veto V7 [HB990 Detail]
Download: Georgia-2009-HB990-Introduced.html
Bill Title: Motor carriers; financial responsibility compatible with federal regulations; provisions
Spectrum: Partisan Bill (Republican 4-0)
Status: (Vetoed) 2010-06-04 - Veto V7 [HB990 Detail]
Download: Georgia-2009-HB990-Introduced.html
10 LC
34 2533S/AP
House
Bill 990 (AS PASSED HOUSE AND SENATE)
By:
Representatives Powell of the
29th,
Rice of the
51st,
and Bearden of the
68th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles and traffic, so as to revise the procedure for registration of fleet
vehicles; to provide that the Department of Revenue will process fleet
registrations; to ensure that the financial responsibility of motor carriers in
this state is compatible with federal motor carrier safety regulations; to
change certain equipment requirements for the lighting equipment and warning
flags for protruding loads, brake performance, ability, rear view mirrors,
window tinting, and tire tread depth on commercial motor vehicles to make them
compatible with federal motor carrier safety regulations; to provide for related
matters; to repeal conflicting laws; to provide for an effective date; 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 and
traffic, is amended in Chapter 2 by revising Article 2A, relating to
registration and licensing of fleet vehicles, as follows:
"ARTICLE
2A
40-2-50.
As
used in this article, the term:
(1)
'Fleet' means 100 or more motor vehicles.
(2)
'Fleet registration plan' means the method of registering the motor vehicles of
a fleet as provided in this article.
40-2-51.
(a)(1)
A corporation or firm which has an established place of business in this state
or which is controlled by a parent corporation which has an established place of
business in this state and which owns or operates under a lease agreement a
fleet which is not required to be registered under the International
Registration Plan in accordance with Article 3A of this chapter may enroll in
the fleet registration plan and register and obtain licenses to operate the
motor vehicles in such fleet as provided in this article.
(2)
The provisions of this article for fleet enrollment, registration, and licensing
shall not apply to any corporation or firm which leases or rents motor vehicles
to other persons for use thereby.
(b)(1)
Applications for enrollment of a fleet under the fleet registration plan may be
submitted to the department in the form and manner prescribed thereby
during the
period of December 1 of the prior registration year to February 15 of the year
for which the license plates are to be
issued.
The
registrations for all motor vehicles in the fleet shall expire in the same
month, that month to be requested by the applicant and approved by the
department. Motor vehicles of a fleet
shall be
enrolled
separately
grouped
by classes and by counties where the vehicles are to be
registered
domiciled.
For the purpose of this paragraph, the term 'domicile' means the county where
the vehicle is most commonly dispatched or
worked.
(2)(A)
An applicant for enrollment of a fleet under the fleet registration plan shall
pay a fleet enrollment fee of $200.00 for initial enrollment of the
fleet.
(B)
If the applicant for enrollment of a fleet or the parent corporation or firm
thereof has not had an established place of business in this state for a period
of ten consecutive years or more, the applicant shall post a $25,000.00 surety
bond at the time of applying for enrollment.
(3)
If the department determines that the applicant is eligible for fleet
registration and proper application has been made, the department shall enroll
the fleet,
indicate the amount of license fees due for the fleet, validate the enrollment
form or forms for the applicable county or counties, and mail the validated
original enrollment form or forms with fees indicated
to
and
notify the applicant. Such enrollment
shall be valid for a period
which is
concurrent with that period for which regular license plates are issued for use
under Code Section 40-2-31
of one
year. Thereafter, the department shall,
not less than
90 days prior to
December 1
of each year of the
end of that
year's enrollment period,
mail
provide
to the enrollee a statement of the amount
of license fees
and
taxes due and payable during the
forthcoming registration period for such fleet.
40-2-52.
(a)
After
receipt of a validated fleet enrollment form, the owner or operator of the
enrolled fleet shall register and obtain licenses to operate the motor vehicles
thereof during the period of December 1 of the prior registration year to
February 15 of the year for which the license plates are to be
issued.
The department
shall be the registering officer for initial and renewal applications for fleet
enrollment. The department shall collect and distribute to county governments
and county government officials the same taxes and fees as would be applicable
if the vehicles were registered by the county.
(b)
An
applicant for registration of a vehicle of an enrolled fleet shall submit a
validated original fleet enrollment form to the county tag agent in each county
in which vehicles enrolled under the fleet registration plan are to be
registered.
If a vehicle
is added to the fleet during the registration year, the department shall prorate
all fees required for registration as prescribed by law. In addition to all
registration fees, the fleet registrant shall pay a one-time $5.00 fee for each
vehicle added to the fleet.
(c)
The provisions of Article 2 of this chapter for registering and licensing motor
vehicles generally which are not inconsistent with the provisions of this
article shall apply to the registration and licensing of each vehicle of an
enrolled fleet.
(d)
On the renewal of a fleet registration, the department shall require the payment
in full of all license fees and taxes for every vehicle registered and not
properly deleted in the preceding year. In order to delete a vehicle from the
fleet, the fleet registrant shall surrender to the department the vehicle's
permanent fleet registration card and permanent fleet license plate described in
Code Section 40-2-53. If the card or license plate is lost, stolen, or
destroyed, the fleet applicant shall submit a sworn statement giving the
circumstances for the inability to surrender the card or plate.
40-2-53.
(a)(1)
Upon
submission
approval
by the
applicant
department
of a validated original fleet enrollment form and compliance with all applicable
requirements for registration and licensing of motor vehicles, the
county tag
agent
department
shall issue to the applicant a
permanent
fleet registration card and a permanent
fleet motor vehicle license plate for each vehicle of the fleet to be registered
and licensed
in such
county
by the
department. The permanent registration card shall be carried in the vehicle at
all times and shall be made available to any law enforcement officer on
demand.
(2)
The county tag agent shall mark the validated original fleet enrollment form as
'taxes paid' or 'tax exempt,' as applicable, and return such form to the
registrant.
(3)
The registrant shall submit to the department the validated original fleet
enrollment form which has been marked as provided in paragraph (2) of this
subsection.
(b)
Fleet motor vehicle license plates shall be similar in design to and issued for
the same period as regular license plates issued under Code Section 40-2-31,
except that such fleet motor vehicle license plates shall contain such words or
symbols, in addition to the numbers and letters otherwise prescribed by law, so
as to distinctively identify the motor vehicles on which they are placed as
fleet motor vehicles. It shall
not
be a requirement that a county name decal shall be affixed and displayed on
license plates issued under this Code section.
(c)(1)
License plates issued under this Code section shall be renewed annually
with a
generic fleet revalidation
decal.
(2)
The bond required under subsection (b) of Code Section 40-2-51 shall be required
at the time of any renewal of such license plates if at the time of such renewal
the registrant or the parent corporation or firm thereof has not had an
established place of business in this state for a period of ten consecutive
years or more.
(d)
License plates issued under this Code section shall be transferred between
vehicles in the same manner as provided by Code Section 40-2-80 for special
license plates issued under Article 3 of this chapter.
40-2-54.
(a)
If a fleet registrant or the parent corporation or firm thereof has not had an
established place of business in this state for a period of ten consecutive
years or more, the department or its designated agent shall annually conduct an
audit of such fleet registrant to ensure compliance with the requirements of
this article which may include, without limitation, examination of records of
all vehicles in a fleet, additions to or deletions from a fleet since the most
recent such audit, and proof of proper payment of or exemption from ad valorem
taxes on fleet vehicles. The fleet registrant shall bear the cost of or
reimburse the department for the expenses of any audit required by this
subsection.
(b)
The department or its designated agent may perform an audit of any fleet
registrant to ensure compliance with the requirements of this article which may
include, without limitation, examination of records of all vehicles in a fleet,
additions to or deletions from a fleet since the most recent such audit, and
proof of proper payment of or exemption from ad valorem taxes on fleet
vehicles.
40-2-55.
An
enrollment of a fleet in the fleet registration plan shall be terminated by the
department in the event:
(1)
The department determines on the basis of an audit that fees for registration
and licensing are not paid as required for 20 percent or more of the vehicles in
any class of vehicles in the fleet or of those vehicles of the fleet registered
in a county;
(2)
The department determines on the basis of an audit that fees for registration
and licensing are not paid as required for 5 percent or more of the total
vehicles in the fleet;
(3)
Of the conviction of the fleet registrant for any unlawful use of any license
plate issued for a fleet vehicle;
(4)
Of the failure of the fleet registrant to pay ad valorem taxes as required for
any fleet vehicle;
(5)
Of the failure of the fleet registrant to pay enrollment fees as required;
or
(6)
Of the forfeiture of the surety bond required under Code Section 40-2-52 or
40-2-53;
or
(7)
At the request of the fleet
applicant."
SECTION
2.
Said
title is further amended by adding a new Code section to read as
follows:
"40-6-10.1.
No
motor carrier subject to the financial responsibility requirements of the
Federal Motor Carrier Safety Administration, or any successor agency, as
contained in Title 49 of the Code of Federal Regulations, Part 387, shall
operate any motor vehicle upon the highways of this state until such motor
carrier has obtained and has in effect the minimum levels of financial
responsibility prescribed by such federal
regulations."
SECTION
3.
Said
title is further amended by revising Code Section 40-8-27, relating to lighting
equipment requirements, as follows:
"40-8-27.
(a)
Except as provided in subsection (b) of this Code section, whenever the load
upon any vehicle extends to the rear four feet or more beyond the bed or body of
such vehicle, there shall be displayed at the extreme rear end of the load, at
the times specified in Code Section 40-8-20, a red light plainly visible from a
distance of at least 500 feet to the sides and rear. The red light required
under this Code section shall be in addition to the red rear light required upon
every vehicle. At any other time there shall be displayed at the extreme rear
end of such load a flag
or
flags as described in subsection (c) of
this Code section not less than
12
18
inches square and so hung that the entire area is visible to the driver of a
vehicle approaching from the rear.
(b)
Any motor vehicle or trailer transporting a load of logs, long pulpwood, poles,
or posts which extend more than four feet beyond the rear of the body or bed of
such vehicle shall have securely affixed as close as practical to the end of any
such projection one amber strobe type lamp equipped with a multidirectional type
lens so mounted as to be visible from the rear and both sides of the projecting
load. If the mounting of one strobe lamp cannot be accomplished so that it is
visible from the rear and both sides of the projecting load, multiple strobe
lights shall be utilized so as to meet the visibility requirements of this
subsection. The strobe lamp shall flash at a rate of at least 60 flashes per
minute and shall be plainly visible from a distance of at least 500 feet to the
rear and sides of the projecting load any time of the day or night. The lamp
shall be operating at any time of the day or night when the vehicle is operated
on any highway or parked on the shoulder or immediately adjacent to the traveled
portion of any public roadway. The projecting load shall also be marked with a
flag or
flags as described in subsection (c) of
this Code section. An emergency light permit as provided for in Code Section
40-8-92 is not required on a vehicle utilizing an amber strobe light to comply
with the provisions of this Code section.
(b.1)
In lieu of the strobe type lamp or lamps provided for in subsection (b) of this
Code section, any motor vehicle or trailer transporting a load of logs, long
pulpwood, poles, or posts which extend more than four feet beyond the rear of
the body or bed of such vehicle shall have securely affixed as close as
practical to the end of any such projection, one light-emitting diode (LED)
light equipped with a multidirectional type lens, mounted so as to be visible
from the rear and from both sides of the projecting load. If the mounting of
one light-emitting diode (LED) light cannot be accomplished so that it is
visible from the rear and from both sides of the projecting load, multiple
light-emitting diode (LED) lights shall be utilized so as to meet the visibility
requirements of this subsection. The light-emitting diode (LED) light
or lights
shall be amber in color, shall flash at a
rate of at least 60 flashes per
minute,
and shall be plainly visible from a distance of at least 500 feet from the rear
and sides at a radius of 180 degrees of the projecting load at any time of the
day or night. Any light-emitting diode (LED) light shall be constructed of
durable, weather resistant material and may be powered by the vehicle's
electrical system or by an independent battery system, or both. If the
light-emitting diode (LED) light is powered by an independent battery system,
the driver of the vehicle shall have in his or her immediate possession charged,
spare batteries for use in case of battery failure. Any solid state
light-emitting diode (LED) lighting that consists of multiple light-emitting
diode (LED) lights shall not have less than 85 percent of the light-emitting
diode (LED) lights in operable condition. The lights shall remain in operation
at any time of the day or night when the vehicle is operated on any highway or
parked on the shoulder or immediately adjacent to the traveled portion of any
public roadway. The projecting load shall also be marked with a flag as
described in subsection (c) of this Code section. An emergency light permit as
provided for in Code Section 40-8-92 is not required on a vehicle utilizing a
light-emitting diode (LED) light to comply with the provisions of this Code
section.
(c)
The flag or
flags as required by subsection (a) or (b)
of this Code section shall be of a bright red or orange
fluorescent
color not less than
12
18
inches square which is clearly visible and shall be displayed in such a manner
that the entire area of the flag is visible from the rear of the vehicle.
There shall be
a single flag at the extreme rear of the projecting load if the projecting load
is two feet wide or less. Two such warning flags shall be required if the
projecting load is wider than two feet. Flags shall be located to indicate the
maximum width of loads which extend beyond the rear of the
vehicle."
SECTION
4.
Said
title is further amended by revising Code Section 40-8-53 relating to brakes as
follows:
"40-8-53.
(a)
Except as provided for in subsection (b) of this Code section,
every
Every
motor vehicle or combination of motor drawn vehicles shall be capable at all
times and under all conditions of loading of being stopped on a dry, smooth,
level road free from loose material, upon application of the service (foot)
brake within the distances specified in this Code section or shall be capable of
being decelerated at a sustained rate corresponding to these
distances.
|
Feet
to Stop
From
20 Miles
Per Hour
|
Deceleration
in
Feet
Per Second
|
Vehicles
or combinations of vehicles
having
brakes on all wheels
|
30
|
14
|
Vehicles
or combinations of vehicles
not
having brakes on all wheels
|
40
|
10.7
|
(b)
The brake performance ability for commercial motor vehicles shall be as provided
for in the federal motor carrier safety regulations contained in 49 C.F.R.
393.52 as promulgated by the Federal Motor Carrier Safety Administration and
adopted by the commissioner of public safety pursuant to Code Section 46-7-26.
Commercial motor vehicles shall be capable at all times and under all conditions
of loading of being stopped on a dry, smooth, level road free from loose
material, upon application of the service (foot) brake within the distances
specified in those
rules."
SECTION
5.
Said
title is further amended by revising Code Section 40-8-72, relating to mirrors,
as follows:
"40-8-72.
(a)
Except as provided in subsection (b) of this Code section,
every
Every
motor vehicle which is so constructed or loaded as to obstruct the driver's view
to the rear thereof from the driver's position shall be equipped with a mirror
so located as to reflect to the driver a view of the highway for a distance of
at least 200 feet to the rear of such vehicle.
(b)
Every commercial motor vehicle shall be equipped with two rear-vision mirrors
meeting the requirements of the federal motor vehicle safety standards contained
in 49 C.F.R. 571.111 in effect at the time of manufacture, one at each side,
firmly attached to the outside of the motor vehicle, and so located as to
reflect to the driver a view of the highway to the rear, along both sides of the
vehicle; provided, however, only one outside mirror shall be required, which
shall be on the driver's side, on a commercial motor vehicle which is so
constructed that the driver has a view to the rear by means of an interior
mirror."
SECTION
6.
Said
title is further amended by revising subsections (f) and (g) of Code Section
40-8-73.1, relating to window tinting, as follows:
"(f)
Notwithstanding
any other provision of this Code section, commercial motor vehicles operated in
this state are subject to the specifications of or limitations relating to
windshield or window glazing or the application of light reducing or reflectance
material to the windshield or windows as provided for in the federal motor
carrier safety regulations contained in 49 C.F.R. 393.60 as promulgated by the
Federal Motor Carrier Safety Administration and adopted by the commissioner of
public safety pursuant to Code Section 46-7-26.
(g)
The Department of Public Safety is authorized to promulgate such rules and
regulations as may be necessary to carry out the provisions of this Code
section.
(g)(h)
Any person who violates subsection (b) or (e) of this Code section shall be
guilty of a misdemeanor."
SECTION
7.
Said
title is further amended by revising subsections (e) and (g) of Code Section
40-8-74, relating to tire tread depth, as follows:
"(e)
All tires:
(1)
Shall have not less than 2/32 inch tread measurable in all major grooves
with the
exception of
except
that school buses
and commercial
vehicles
which
shall have not less than 4/32 inch tread measurable in all major grooves on the
front tires and school buses shall have not less than
2/32
4/32
inch tread measurable in all major grooves on the rear tires when there are
at least
four
only
two tires on the rear
otherwise
the tread on the rear tires shall be not less than 4/32
inch
; such
measurements shall not be made where tie bars, humps, or fillets are
located;
(2)
Shall be free from any cuts, breaks, or snags on tread and sidewall deep enough
to expose body cord; and
(3)
Shall be free from bumps, bulges, or separations."
"(g)
Retreaded,
regrooved, or recapped tires shall not be
used upon the front wheels of buses."
SECTION
8.
This
Act shall become effective on July 1, 2010.
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.