HB 1161: Motor vehicles; proper operation upon approach by an authorized emergency vehicle or by a law enforcement vehicle for purposes of a traffic stop; provide

House Bill 1161 (AS PASSED HOUSE AND SENATE)

By: Representatives Lim of the 98th, Clark of the 108th, Santos of the 117th, Hong of the 103rd, Reeves of the 99th, and others

A BILL TO BE ENTITLED

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for proper operation of a motor vehicle upon approach by an authorized emergency vehicle or by a law enforcement vehicle for purposes of a traffic stop; to provide for penalties based on the distance a person fled or otherwise attempted to elude a pursuing vehicle or law enforcement officer performing duties on behalf of the Department of Public Safety; to modify the permissible reduction of light transmission through the application of material and glazing to the windows of certain motor vehicles; to provide for definitions; to revise requirements for the placement of automated traffic enforcement safety devices; to revise application procedure for a permit to operate such devices; to require annual reporting on revenues generated by such devices; to provide standards for notice sent for imposition of a civil monetary penalty and penalties for nonpayment relating to citations issued by such devices; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-6-74, relating to operation of vehicles on approach of authorized emergency vehicles, as follows:

"40-6-74.

(a) Upon the immediate approach of an authorized emergency vehicle or a vehicle belonging to a federal, state, or local law enforcement agency making use of an audible signal and visual signals meeting the requirements of Code Section 40-6-6, the driver operator of every other vehicle in proximity to such approaching vehicle shall yield the right of way to the authorized emergency vehicle and shall immediately drive move the vehicle to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle or law enforcement vehicle has passed, except when otherwise directed by a police law enforcement officer.

(b) When an operator of a motor vehicle upon a highway is directed to stop by a law enforcement officer in a law enforcement vehicle marked pursuant to Code Section 40-8-91 and through the use of an audible signal and visual signals meeting the requirements of Code Section 40-6-6, the operator shall immediately move the motor vehicle in a manner so as not to impede the flow of traffic to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and stop and remain in such position until otherwise directed by the law enforcement officer; provided, however, that, when such requirement would result in stopping and remaining in an unsafe location, such operator may display the vehicle's flashing lights or turn signal, observe the maximum posted speed limit, and continue to a reasonably safe location to stop and remain in such position until otherwise directed by the law enforcement officer. (b)(c) This Code section shall not operate to relieve the driver operator of any authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway."

SECTION 2.

Said title is further amended in Code Section 40-6-395, relating to fleeing or attempting to elude police officer and impersonating law enforcement officer, by revising subsections (d) and (e) and adding a new subsection to read as follows:

"(d) Any person convicted of violating the provisions of subsection (a) of this Code section with respect to a police vehicle or police officer performing official duties on behalf of the Capitol Police Division, Commercial Vehicle Enforcement Division, or Uniform Division of the Department of Public Safety shall be sentenced to imprisonment in accordance with subsections (b) and (c) of this Code section; provided, however, that such sentence shall be calculated at a rate of 30 days for each mile the person actually traveled while fleeing or otherwise attempting to elude the police vehicle or police officer; provided, further, that the term of imprisonment shall be within the minimum and maximum sentences set forth in subsections (b) and (c) of this Code section. The trier of fact shall determine beyond a reasonable doubt the distance the person actually traveled while fleeing or otherwise attempting to elude a pursuing police vehicle or police officer after such officer notified the police dispatcher that such person was fleeing or otherwise attempting to elude the police officer. The determination of the distance traveled shall not be an essential element of such offense. If the distance traveled cannot be determined, such distance shall be presumed to be zero miles.

(e) Following adjudication of guilt or imposition of sentence for a violation of subparagraph (b)(1)(D) or subsection (c) of this Code section, the sentence shall not be suspended, probated, deferred, or withheld, and the charge shall not be reduced to a lesser offense, merged with any other offense, or served concurrently with any other offense. (e)(f) It shall be unlawful for a person:

(1) To impersonate a sheriff, deputy sheriff, state trooper, agent of the Georgia Bureau of Investigation, agent of the Federal Bureau of Investigation, police officer, or any other authorized law enforcement officer by using a motor vehicle, motorcycle, or blue light designed, equipped, or marked so as to resemble a motor vehicle, motorcycle, or blue light belonging to any federal, state, or local law enforcement agency; or

(2) Otherwise to impersonate any such law enforcement officer in order to direct, stop, or otherwise control traffic."

SECTION 3.

Said title is further amended in Code Section 40-8-73.1, relating to tinting of windows or windshields, by revising subsections (a) and (b) and paragraph (6) of subsection (c) as follows:

"(a) As used in this Code section, the term:

(1) 'Front side and door windows' means the side and door windows of a motor vehicle that are directly to the right and left of the driver.

(2) 'Light reflectance' means the ratio of the amount of total light that is reflected outward by a product or material to the amount of total light falling on the product or material.

(2)(3) 'Light transmission' means the ratio of the amount of total light, expressed in percentages, which is allowed to pass through a surface to the amount of light falling on the surface.

(3) 'Manufacturer' means a person who produces or assembles a vehicle glass-coating material or who fabricates, laminates, or tempers a safety-glazing material, which material reduces light transmission.

(4) 'Material' means any transparent product or substance which reduces light transmission.

(5) 'Multipurpose passenger vehicle' means a motor vehicle designed to carry ten persons or less which is constructed on a truck chassis or with special features for occasional off-road operation.

(6) 'Rear side and door windows' means the side and door windows of a motor vehicle that are not directly to the right and left of the driver.

(b) Except as provided in this Code section, it shall be unlawful for any person to operate a motor vehicle in this state:

(1) Which has material and glazing applied or affixed to the front windshield, which material and glazing when so applied or affixed reduce light transmission through the windshield; or

(2) Which has material and glazing applied or affixed to the rear windshield or the front side or door windows, which material and glazing when so applied or affixed reduce light transmission through the windshield or window to less than 32 28 percent, plus or minus 3 percent, or increase light reflectance to more than 20 percent; or

(3) Which has material and glazing applied or affixed to the rear windshield or the rear side or door windows, which material and glazing when so applied or affixed reduce light transmission through the windshield or window to less than 15 percent, plus or minus 3 percent, or increase light reflectance to more than 20 percent." "(6) The rear windshield or the rear side or door windows, except those windows to the right and left of the driver of:

(A) A multipurpose passenger vehicle;

(B) A school bus, any other bus used for public transportation, and any bus or van owned or leased by any religious or any nonprofit organization duly incorporated under the laws of this state;

(C) Any limousine owned or leased by a public or private entity; or

(D) Any other vehicle, the windows or windshields of which have been tinted or darkened before factory delivery or permitted by federal law or regulation;"

SECTION 4.

Said title is further amended in Code Section 40-8-91, relating to marking and equipment of law enforcement vehicles and motorist allowed to continue to safe location before stopping for law enforcement officer vehicles, by revising subsections (e) and (f) as follows: "(e) Whenever a motorist driving on the roadways of this state is directed to stop by a law enforcement officer in a law enforcement vehicle marked as required under this Code section, the motorist may continue to drive until a reasonably safe location for stopping is reached. Such motorist shall indicate to the officer his or her intent to proceed to a safe location by displaying the vehicle's flashing lights or turn signal. In proceeding to a safe location, the motorist shall observe the posted maximum speed limit. (f) An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section."

SECTION 5.

Said title is further amended in Code Section 40-14-6, relating to warning signs required and signage requirements, by revising subsection (c) as follows:

"(c) In addition to the signs required under subsections (a) and (b) of this Code section, each law enforcement agency using an automated traffic enforcement safety device as provided for in Code Section 40-14-18 shall erect signs warning of the use of a stationary speed detection an automated traffic enforcement safety device within the an approaching school zone. Such signs shall be at least 24 by 30 inches in area, shall be visible plainly from every lane of traffic, shall be viewable in all traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. Such Automated traffic enforcement safety device warning signs shall be placed within 500 feet prior to the warning sign announcing the reduction of the speed limit for the school speed zone. Such signs shall include a sign or device which provides the operator of a motor vehicle approaching such sign with an accurate depiction of the speed of such motor vehicle and lights which flash yellow in accordance with any rule or regulation established by the Department of Transportation when the automated traffic enforcement safety device is authorized to issue citations pursuant to Code Section

40-14-18. There shall be a rebuttable presumption that such signs are properly installed pursuant to this subsection at the time of any alleged violation under this article."

SECTION 6.

Said title is further amended in Code Section 40-14-11, relating to investigations by commissioner of public safety, issuance of order suspending or revoking permit, and ratio of speeding fines to agency's budget, by adding a new subsection to read as follows: "(f) The governing body of any county or municipality utilizing automated traffic enforcement safety devices pursuant to this article shall submit an annual report on the revenue generated through the use of such devices to the Department of Public Safety."

SECTION 7.

Said title is further amended in Code Section 40-14-18, relating to enforcement of speed limit in school zones with recorded images, civil monetary penalty, and consequences for failure to pay penalty, by revising paragraph (2) of subsection (a) and subparagraph (b)(2)(G) as follows:

"(2) Prior to the placement of a an automated traffic enforcement safety device within a school zone, each school within whose school zone the governing body of the county or municipality whose law enforcement agency is authorized to enforce the speed limit of a school zone where such automated traffic enforcement safety device is to be placed and which holds a valid permit for the operation of speed detection devices issued by the Department of Public Safety pursuant to Code Section 40-14-2 shall first apply for and secure a permit from the Department of Transportation for the use of such automated traffic enforcement safety device. Such permit shall be awarded based upon need; provided, however, that a permit issued for placement upon any highway with more than two lanes shall require a demonstration of prior history which justifies such need and no permit shall be issued for placement upon a highway within a school zone with four lanes that does not have a crosswalk across such lanes. The Department of Transportation shall promulgate rules and regulations for the implementation of this paragraph." "(G) A warning that failure to pay the civil monetary penalty or to contest liability in a timely manner as provided for in subsection (d) of this Code section shall waive any right to contest liability and include a statement which reads: 'FAILURE TO PAY THIS FINE OR CONTEST LIABILITY IN COURT SHALL RESULT IN THE INABILITY

TO RENEW YOUR MOTOR VEHICLE REGISTRATION FOR THIS VEHICLE';"

SECTION 8.

(a) Except as provided for in subsection (b) of this section, this Act shall become effective on July 1, 2026.

(b) Section 5 of this Act shall become effective on July 1, 2027.

SECTION 9.

All laws and parts of laws in conflict with this Act are repealed.