HB 605 - Driver's license; assessment of points; speeding in school zone

First Reader Summary

A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for assessment of points against a driver's license for exceeding the speed limit in a school zone; and for other purposes.

Polak, Michael C (67th) Mobley, Barbara J (69th) McClinton, JoAnn (68th)
Teper, Doug (61st) Henson, Michele (65th) Turnquest, Henrietta (73rd)
Status Summary HC: MotV SC: LA: 02/18/97 H - Read 2nd Time
Page Numbers - 1/ 2/ 3
Code Sections - 40-14-9
House Action Senate
2/17/97 Read 1st Time
2/18/97 Read 2nd Time

HB 605                                             LC 25 0538 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 40 of the Official Code of Georgia Annotated, 
  1- 2  relating to motor vehicles and traffic, so as to provide for 
  1- 3  assessment of points against a driver's license for 
  1- 4  exceeding the speed limit in a school zone; to provide for 
  1- 5  admissibility of evidence obtained in using speed detection 
  1- 6  devices in school zones; to provide an effective date; to 
  1- 7  repeal conflicting laws; and for other purposes. 
 
  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 9                           SECTION 1. 
 
  1-10  Title 40 of the Official Code of Georgia Annotated, relating 
  1-11  to motor vehicles and traffic, is amended by striking 
  1-12  subparagraph (c)(1)(A) of Code Section 40-5-57, relating to 
  1-13  the point system for suspension or revocation of motor 
  1-14  vehicle drivers' licenses, and inserting in its place the 
  1-15  following: 
 
  1-16      "(c)(1)(A) Except as provided in subparagraph (C) of 
  1-17      this paragraph, the points to be assessed for each 
  1-18      offense shall be as provided in the following schedule: 
 
  1-19        "(c)(1)(A) Except as provided in subparagraph (C) of 
  1-20        this paragraph, the points to be assessed for each 
  1-21        offense shall be as provided in the following 
  1-22        schedule: 
 
  1-23        Reckless driving............................. 4 points 
 
  1-24        Unlawful passing of a school bus............. 6 points 
 
  1-25        Exceeding the speed limit by more than ten 
  1-26        miles per hour in a properly marked school 
  1-27        zone within one hour before, during, or 
  1-28        within one hour after the normal hours of 
  1-29        school operation............................. 6 points 
 
  1-30        Improper passing on a hill or a curve........ 4 points 
 
 
 
 
 
                                 -1- 
 
 
 
  2- 1        Exceeding the speed limit by more than 14 
  2- 2        miles per hour but less than 19 miles per 
  2- 3        hour......................................... 2 points 
 
  2- 4        Exceeding the speed limit by 19 miles per 
  2- 5        hour or more but less than 24 miles per 
  2- 6        hour......................................... 3 points 
 
  2- 7        Exceeding the speed limit by 24 miles per 
  2- 8        hour or more but less than 34 miles per 
  2- 9        hour......................................... 4 points 
 
  2-10        Exceeding the speed limit by 34 miles per 
  2-11        hour or more................................. 6 points 
 
  2-12        Disobedience of any traffic-control device 
  2-13        or traffic officer........................... 3 points 
 
  2-14        Too fast for conditions...................... 0 points 
 
  2-15        Possessing an open container of an 
  2-16        alcoholic beverage while driving............. 2 points 
 
  2-17        Failure to adequately secure a load, except 
  2-18        fresh farm produce, resulting in loss of 
  2-19        such load onto the roadway which results in 
  2-20        an accident.................................. 2 points 
 
  2-21        Violation of child safety restraint 
  2-22        requirements................................. 0 points 
 
  2-23        All other moving traffic violations which 
  2-24        are not speed limit violations.............. 3 points" 
 
  2-25                           SECTION 2. 
 
  2-26  Said title is further amended by striking Code Section 
  2-27  40-14-9, relating to inadmissibility of certain evidence 
  2-28  obtained by speed detection devices, and inserting in its 
  2-29  place the following: 
 
  2-30    "40-14-9. 
 
  2-31    (a) Evidence obtained by county or municipal law 
  2-32    enforcement officers in using speed detection devices 
  2-33    within 300 feet of a reduction of a speed limit inside an 
  2-34    incorporated municipality or within 600 feet of a 
  2-35    reduction of a speed limit outside an incorporated 
  2-36    municipality or consolidated city-county government shall 
  2-37    be inadmissible in the prosecution of a violation of any 
  2-38    municipal ordinance, county ordinance, or state law 
  2-39    regulating speed; nor shall such evidence be admissible in 
 
 
 
                                 -2- 
 
 
 
  3- 1    the prosecution of a violation as aforesaid when such 
  3- 2    violation has occurred within 30 days following a 
  3- 3    reduction of the speed limit in the area where the 
  3- 4    violation took place. No speed detection device shall be 
  3- 5    employed by county, municipal, or campus law enforcement 
  3- 6    officers on any portion of any highway which has a grade 
  3- 7    in excess of 7 percent. 
 
  3- 8    (b) The limitations on admissibility of evidence contained 
  3- 9    in subsection (a) of this Code section shall not apply to 
  3-10    evidence obtained by using speed detection devices in 
  3-11    properly marked school zones within one hour before, 
  3-12    during, and within one hour after the normal hours of 
  3-13    school operation." 
 
  3-14                           SECTION 3. 
 
  3-15  This Act shall become effective on July 1, 1997. 
 
  3-16                           SECTION 4. 
 
  3-17  All laws and parts of laws in conflict with this Act are 
  3-18  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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