05 LC 34
0257S/AP
House
Bill 273 (AS PASSED HOUSE AND SENATE)
By:
Representatives Lunsford of the
110th,
Richardson of the
19th,
Smith of the
129th,
Ehrhart of the
36th,
Harbin of the
118th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Titles 32 and 40 of the Official Code of Georgia Annotated, relating to
highways, bridges, and ferries and motor vehicles and traffic, respectively, so
as to authorize the Department of Transportation to implement FlexAuto lanes; to
provide that a FlexAuto lane shall be an area designated as a special lane of
travel created by converting emergency lane and hard shoulder areas on the left
or right side of an interstate highway or other road into a rush hour traffic
lane for use by automobiles only during certain hours; to state legislative
findings, determinations, and recommendations; to define a term; to provide for
striping, marking, and signage of FlexAuto lanes; to regulate the use of such
lanes and provide for criminal punishment of violations; to provide for
conditions and limitations; to provide for other related matters; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly finds and determines and recommends as follows:
(1)
The Georgia Department of Transportation has a job of overwhelming proportions
and addresses the ever-increasing transportation needs of the state through the
hard work and dedication of outstanding leaders and staff;
(2)
There is a need in this state to reduce emissions and improve air quality by
increasing traffic flow and reducing traffic congestion and decreasing drive
times;
(3)
The Department of Transportation is urged to use creative and innovative methods
to deal with gridlock and traffic congestion in Georgia and especially in the
metropolitan areas;
(4)
Upon passage of this enabling legislation, the department is urged to implement
FlexAuto lanes where applicable and to commence the implementation of such lanes
in as timely a manner as is practicable;
(5)
The Department of Transportation is requested specifically to identify 20 major
areas with a history of traffic congestion in and around our state that will
derive the most benefit from the use of FlexAuto lanes and, after identifying
these areas, to create and rapidly implement a plan for use of such lanes in
such areas;
(6)
Studies and construction models used successfully in other areas within this
country and others should be used as models where traffic flow was improved and
emissions reduced by using creative and innovative methods to deal with gridlock
and traffic congestion; and
(7)
The model used in Virginia is being studied by Israel, France, Japan, Germany,
and England.
SECTION
2.
Title
32 of the Official Code of Georgia Annotated, relating to highways, bridges, and
ferries is amended by adding after Code Section 32-9-4 a new Code Section
32-9-4.1 to read as follows:
"32-9-4.1.
(a)
As used in this Code section, the term 'FlexAuto lane' means an area designated
as a special lane of travel created by converting emergency lane and hard
shoulder areas on the left or right side of an interstate highway or other road
into a rush hour traffic lane for use by automobiles during certain
hours.
(b)
The department, with the approval of the board, is authorized to designate
FlexAuto lanes on the state highway system for the purpose of improving traffic
flow in and around areas with a history of traffic congestion.
(c)
Any FlexAuto lane shall be appropriately striped and marked and shall have
signage appropriate to indicate its nature, as determined by the department. The
department may incorporate emergency havens, emergency ramps, or emergency
parking pads into the design and creation of FlexAuto lanes, as determined
appropriate by the department.
(d)
The hours of usage of a FlexAuto lane shall be determined by the department, not
to exceed eight hours per day.
(e)
It shall be unlawful for any person operating any motor vehicle to use a
FlexAuto lane for purposes of travel other than emergency use outside the
permitted hours of travel use, as determined and posted by the department. It
shall be unlawful for any person operating any motor vehicle other than an
automobile, motorcycle, or light truck to use a FlexAuto lane for purposes of
travel other than emergency use at any time.
(f)
Prior to implementing this Code section, the department shall, if necessary,
seek to secure and implement any federal approvals, waivers, or other actions
necessary or appropriate in order to implement this Code section without any
loss or impairment of federal funding.
(g)
FlexAuto lanes shall not be implemented at more than 80 separate locations in
the state until such time as the department has completed a one-year test use of
such
lanes."
SECTION
3.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended by adding at the end of Code Section 40-6-50, relating to
use of divided highways, controlled-access roadways, and emergency lanes, a new
subsection (d) to read as follows:
"(d)
Nothing in this Code section shall prohibit the use of a FlexAuto lane in the
manner permitted under Code Section
32-9-4.1."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.