--- title: HB 116. Public Safety, Department of; Motor Carrier Compliance Division to Commercial Vehicle Enforcement; change name collection: bills id: 2025-2026/hb116 cite_as: HB 116, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/hb116 md_url: https://georgiacommons.org/bills/2025-2026/hb116.md text_url: https://georgiacommons.org/bills/2025-2026/hb116/text source_url: https://www.legis.ga.gov/legislation/69469 date: 2025-05-08 status: passed corpus_version: bills-2026-08-28 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/hb115.md next: https://georgiacommons.org/bills/2025-2026/hb117.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 945 omitted_url: https://georgiacommons.org/bills/2025-2026/hb116.md?full=1 bill_number: HB 116 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: House bill_type: bill status_date: 2025-05-08 last_action: Effective Date 2025-07-01 sponsors: - Lauren McDonald - Clint Crowe - Bill Hitchens - Eddie Lumsden - Carter Barrett - Randy Robertson text_version: Enrolled has_text: true legiscan_url: https://legiscan.com/GA/bill/HB116/2025 upstream_id: 1929381 summaries_model: claude-sonnet-5 topic_tags: - commercial vehicle enforcement - trucking regulation - Department of Public Safety - law enforcement certification --- # HB 116. Public Safety, Department of; Motor Carrier Compliance Division to Commercial Vehicle Enforcement; change name ## Text 25 LC 39 4485/AP House Bill 116 (AS PASSED HOUSE AND SENATE) By: Representatives McDonald III of the 26 th, Crowe of the 118 th, Hitchens of the 161 st, Lumsden of the 12th, and Barrett of the 24th A BILL TO BE ENTITLED AN ACT To amend Article 5 of Chapter 2 of Title 35 and Title 40 of the Official Code of Georgia1 Annotated, relating to Motor Carrier Compliance Division of the Department of Public2 Safety and motor vehicles and traffic, respectively, so as to c hange the name of the Motor3 Carrier Compliance Division of the Department of Public Safety to Commercial Vehicle4 Enforcement; to require law enforcement officers within such division be trained, sworn, and5 certified; to provide for conforming changes; to provide for re lated matters; to repeal6 conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Article 5 of Chapter 2 of Title 35 of the Official Code of Geor gia Annotated, relating to10 Motor Carrier Compliance Division of the Department of Public S afety, is amended by11 revising Code Section 35-2-100, relating to creation and member s designated as law12 enforcement officers, as follows:13 "35-2-100.14 There shall be created and established a division of the Department of Public Safety to be15 known as the Motor Carrier Compliance Division Commercial Vehicle Enforcement, and16 H. B. 116 - 1 - 25 LC 39 4485/AP within the division shall be cr eated a section to be known as t he Motor Carrier17 Regulatory Compliance Enforcement Section. Except as provided in Code Section18 35-2-102, the members of the Motor Carrier Compliance Enforcement Section Commercial19 Vehicle Enforcement shall be known, and designated, trained, sworn, and certified as 'law20 enforcement officers.'"21 SECTION 2.22 Said article is further amended in Code Section 35-2-101, relating to jurisdiction, duties and23 powers, and use of dogs to detect controlled substances, by rev ising subsection (a), the24 introductory language of subsection (b), and subsection (d) as follows:25 "(a) The Motor Carrier Compliance Enforcement Section Commercial Vehicle26 Enforcement division of the department shall have jurisdiction throughout this state with27 such duties and powers as are prescribed by law.28 (b) The primary duties of the division of Commercial Vehicle Enforcement Motor Carrier29 Compliance Enforcement Section shall be as follows:"30 "(d) The commissioner shall authorize law enforcement officers of the Motor Carrier31 Compliance Enforcement Section Commercial Vehicle Enforcement to make use of dogs32 trained for the purpose of detection of drugs and controlled substances while such officers33 are engaged in the performance of their authorized duties. If such authorized use of such34 a dog indicates probable cause to indicate the presence of contraband, the officer or officers35 shall in those circumstances have the full authority of peace o fficers to enforce the36 provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,'37 and Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act'; provided, however, that38 the department must immediately notify the local law enforcemen t agency and district39 attorney of the jurisdiction where a seizure is made."40 H. B. 116 - 2 - 25 LC 39 4485/AP SECTION 3.41 Said article is further amended by revising Code Section 35-2-1 02, relating to weight42 inspector positions, training, powers and responsibilities, and presence of certified peace43 officer, as follows:44 "35-2-102.45 (a) The commissioner is authori zed to establish a position to be known as 'weight46 inspector' within the Motor Carrier Compliance Enforcement Section of the Department47 of Public Safety Commercial Vehicle Enforcement division of the department . Weight48 inspectors shall be assigned to fixed scales facilities and shall not be authorized to operate49 outside such facilities. The number of such positions shall be determined by the50 commissioner within the limits set by available appropriations. Weight inspectors may be51 divided into such ranks as the commissioner deems appropriate.52 (b) The commissioner shall ensure that a weight inspector is p roperly trained regarding53 laws governing commercial motor vehicle weight, registration, size, and load, including,54 but not limited to, commercial motor vehicle provisions in Arti cle 2 of Chapter 6 of55 Title 32 and safety standards for commercial motor vehicles and such motor vehicle56 components. The training required in the areas required by thi s subsection shall be57 equivalent to training provided to certified officers in the Mo tor Carrier Compliance58 Enforcement Section Commercial Vehicle Enforcement.59 (c) A weight inspector, at the a fixed scales facility, shall be authorized to:60 (1) Enforce noncriminal provisions relating to commercial moto r vehicle weight,61 registration, size, and load and assess a civil penalty for a violation of such provisions;62 and63 (2) Detain a commercial motor vehicle that:64 (A) Has a safety defect which is critical to the continued safe operation of the vehicle;65 (B) Is being operated in violation of any criminal law; or66 H. B. 116 - 3 - 25 LC 39 4485/AP (C) Is being operated in violation of an out-of-service order as reported on the federal67 Safety and Fitness Electronic Records data base.68 The detention authorized by this paragraph shall be for the pur pose of contacting a69 certified member of the Motor Carrier Compliance Enforcement Section or Commercial70 Vehicle Enforcement or the Georgia State Patrol. A certified officer shall report to the71 scene of a detained vehicle and take any further action deemed appropriate, including72 completing the inspection and investigation, making an arrest, or bringing criminal or73 civil charges.74 (d) At all times while a weight inspector is on duty, there sh all be a supervisor over the75 weight inspector also on duty who shall be a certified peace officer."76 SECTION 4.77 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is78 amended by revising Code Section 40-1-52, relating to establish ment of Motor Carrier79 Compliance Division, as follows:80 "40-1-52.81 There is created and established a division within the Departme nt of Public Safety to be82 known as the Motor Carrier Compliance Division Commercial Vehicle Enforcement which83 shall include a section designated the Regulatory Compliance Section. Except as provided84 in Chapter 2 of Title 35, the sworn members of the Motor Carrier Compliance Division85 Commercial Vehicle Enforcement shall be known and designated as law enforcement86 officers. The Regulatory Compliance Section shall be responsible for the regulation of the87 operation of motor carriers and limousine carriers in accordanc e with this article, Code88 Section 40-1-8, and Article 2 of this chapter."89 H. B. 116 - 4 - 25 LC 39 4485/AP SECTION 5.90 Said title is further amended by revising Code Section 40-2-82, relating to license plates for91 Department of Public Safety vehicles operated by Georgia State Patrol or Motor Carrier92 Compliance Division, as follows:93 "40-2-82.94 The commissioner of public safety shall be issued distinctive license plates to be used on95 motor vehicles assigned to the Department of Public Safety and operated by troopers of the96 Georgia State Patrol or law enforcement officers of the Motor Carrier Compliance Division97 Commercial Vehicle Enforcement. The distinctive plates shall be issued free of charge in98 accordance with procedures agreed upon by the commissioner of public safety and the state99 revenue commissioner. License plates issued pursuant to this C ode section need not100 contain a place for the county name decal and no county name decal need be affixed to a101 license plate issued pursuant to this Code section."102 SECTION 6.103 All laws and parts of laws in conflict with this Act are repealed.104 H. B. 116 - 5 - ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. House Bill 116 renames the Department of Public Safety's Motor Carrier Compliance Division as Commercial Vehicle Enforcement and requires its law enforcement officers to be trained, sworn, and certified. ### Plain-language summary Georgia law currently sets up a division inside the Department of Public Safety called the Motor Carrier Compliance Division, which enforces trucking and commercial vehicle rules. This bill changes that division's name throughout the Official Code of Georgia Annotated to Commercial Vehicle Enforcement, and renames its internal enforcement section as well. The bill also updates related code sections covering jurisdiction, weight inspector positions, the use of drug detection dogs, and the license plates issued to the division's vehicles, replacing every reference to the old name with the new one. It adds language confirming that officers in the renamed division must be trained, sworn, and certified as law enforcement officers. The changes are mostly a rename and conforming update rather than a change in the division's underlying powers or duties. ### What it does - Renames the Motor Carrier Compliance Division of the Department of Public Safety to Commercial Vehicle Enforcement in Georgia law (O.C.G.A. Title 35 and Title 40). - Requires that law enforcement officers within the renamed division be trained, sworn, and certified as law enforcement officers. - Updates the code sections on jurisdiction, duties, and drug-detection dog use to reflect the division's new name. - Updates the law governing weight inspector positions at fixed truck scales to refer to Commercial Vehicle Enforcement instead of the old division name. - Updates the license plate statute for Department of Public Safety vehicles so it refers to Commercial Vehicle Enforcement rather than the Motor Carrier Compliance Division. ### Who it affects The Department of Public Safety, its Commercial Vehicle Enforcement officers and weight inspectors, and the trucking and commercial carrier industry that interacts with this division are affected, since the bill changes the division's name and confirms officer certification requirements. ### Why it matters For truckers, commercial carriers, and the public, the division that inspects and enforces commercial vehicle weight, safety, and licensing rules will operate under a new name, Commercial Vehicle Enforcement, with a clearer statutory requirement that its officers be trained, sworn, and certified peace officers. ### Key provisions - Section 1 revises O.C.G.A. § 35-2-100 to rename the division and its enforcement section and states officers must be trained, sworn, and certified as law enforcement officers. - Section 2 revises O.C.G.A. § 35-2-101 to update jurisdiction, duties, and drug-detection dog provisions to use the Commercial Vehicle Enforcement name. - Section 3 revises O.C.G.A. § 35-2-102 to rename the division within the weight inspector statute, keeping weight inspectors' authority to enforce noncriminal weight and load rules at fixed scales facilities. - Section 4 revises O.C.G.A. § 40-1-52 to rename the division as established under Title 40 and describes the Regulatory Compliance Section's duties. - Section 5 revises O.C.G.A. § 40-2-82 to update the license plate statute for vehicles operated by the renamed Commercial Vehicle Enforcement division. - Section 6 repeals conflicting laws. ## Status - Status: Passed (2025-05-08) - Last action: Effective Date 2025-07-01 (2025-05-08) - Sponsors: Lauren McDonald, Clint Crowe, Bill Hitchens, Eddie Lumsden, Carter Barrett, Randy Robertson - Official page: https://www.legis.ga.gov/legislation/69469 > The history, votes, and amendments (945 characters) are at https://georgiacommons.org/bills/2025-2026/hb116.md?full=1