07 LC 34
1030S/AP
House
Bill 231 (AS PASSED HOUSE AND SENATE)
By:
Representatives Smith of the
129th,
Ralston of the
7th,
Rogers of the
26th,
Graves of the
12th,
and Floyd of the
147th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating
to regulation of maintenance and use of public roads generally, so as to provide
that, in the removal of vehicles or obstructions from roadways where there is
determined to be a threat to public health or safety or to mitigate traffic
congestion, where towing services are so ordered to remove such obstructions
such companies shall be guilty for instances of gross negligence only; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation
of maintenance and use of public roads generally, is amended in Code Section
32-6-2, relating to the authority of the department, counties, and
municipalities to regulate parking and parking vehicles or leaving vehicles
unattended on the right of way of a public road of the state highway system, by
revising paragraph (1) as follows:
"(1)
The department may regulate and prohibit the parking of any type of vehicle on
any public road on the state highway system, including extensions thereof into
or through municipalities. Whenever any state or local law enforcement officer
finds a vehicle parked in violation of law or the department´s regulations,
such officer or employee is authorized to move such vehicle or require the
driver or other person in charge of the vehicle to move the same. If the
vehicle is unattended, such officer is authorized to remove or provide for the
removal of such vehicle to the nearest garage or other place of safety at the
owner´s expense. State or local law enforcement officers and the
department are further authorized, with or without the consent of the owner, to
remove or have removed any obstruction, cargo, or personal property which is
abandoned, unattended, or damaged as a result of a vehicle accident which the
department determines to be a threat to public health or safety or to mitigate
traffic
congestion,
and any person or towing service that is removing an obstruction, cargo, or
personal property at the location of such obstruction, cargo, or personal
property upon instruction by a law enforcement officer, an official of a fire
department acting under the authority of paragraph (1) of Code Section 25-3-1 or
paragraph (3) of Code Section 25-3-2, or an official of the department shall be
liable only for gross
negligence;"
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.