05 LC 9 1680S
(SCS)
Senate
Bill 28
By: Senator Henson of the 41st
By: Senator Henson of the 41st
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating
to drivers´ licenses, so as to change certain definitions relating to
commercial drivers´ licenses; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 40 of the Official Code of Georgia Annotated, relating to
drivers´ licenses, is amended in Code Section 40_5_142, relating to
definitions relating to commercial driver´s licenses, by striking paragraph
(7) of said Code section and inserting in its place the following:
"(7)
'Commercial motor vehicle' means a motor vehicle designed or used to transport
passengers or property
in
commerce:
(A)
If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or
such lesser rating as determined by federal regulation;
(B)
If the vehicle is designed to transport 16 or more passengers, including the
driver; or
(C)
If the vehicle is transporting hazardous materials and is required to be
placarded in accordance with the Motor Carrier Safety Rules prescribed by the
United States Department of Transportation, Title 49 C.F.R. Part 172, subpart
F;
provided,
however, that for the purposes of this article, no agricultural vehicle,
military vehicle operated by military personnel, recreational vehicle, or
fire_fighting or emergency equipment vehicle shall be considered a commercial
vehicle. As used in this paragraph, the term 'agricultural vehicle' means a
farm vehicle which is controlled and operated by a farmer; used to transport
agricultural products, farm machinery, or farm supplies to or from a farm; and
operated within 150 miles of such person´s farm; which vehicle is not used
in the operations of a common or contract carrier.
As used in
this paragraph, the term 'recreational vehicle' means a vehicle used for
personal pleasure, travel, or hobby by an individual or his or her family and
not used in commerce. Any other waiver by
the Federal Highway Administration pursuant to Federal Law 49 C.F.R. Parts 383,
391, RIN 2125_AB 68, of the United States Department of Transportation shall
supersede state law in authorizing the Department of Motor Vehicle Safety to
exempt said
classes."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.