House Bill 638 (COMMITTEE SUBSTITUTE)
By: Representatives Silcox of the 53rd, Holland of the 54th, Olaleye of the 59th, Evans of the
57th, Jones of the 60th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 9 of Title 32 of the Official Code of Georgia Annotated,
relating to Metropolitan Atlanta Rapid Transit Authority (MARTA), so as to prohibit the
stopping or parking of a motor vehicle other than a transit vehicle in a designated transit
vehicle lane in the City of Atlanta; to provide for penalties; to authorize the use of automated
transit vehicle lane monitoring devices for the issuance of a civil monetary penalty to owners
of motor vehicles illegally stopped or parked in a designated transit vehicle lane in the City
of Atlanta; to provide for procedures, conditions, and limitations for the issuance of citations
for such civil monetary penalty; to provide for agreements between agents operating
automated transit vehicle lane monitoring devices; to provide for the disbursement of funds
collected; to provide for rules and regulations; to provide for cooperation; to provide for
device and records inspections; to provide for definitions; to provide for automatic repeal;
to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to
Metropolitan Atlanta Rapid Transit Authority (MARTA), is amended by adding a new Code
section to read as follows:
<ins>"32-9-25.
(a) As used in this Code section, the term:
(1) 'Agent' means a person or entity that is authorized by the governing body of the city
or a law enforcement agency thereof to administer the provisions of this Code section
and:
(A) Provides services relative to automated transit vehicle lane monitoring devices to
such governing body of the city or law enforcement agency thereof;
(B) Operates, maintains, leases, or licenses an automated transit vehicle lane
monitoring device; or
(C) Is authorized by the governing body of the city or law enforcement agency thereof
to review and assemble the recorded images for inspection by a certified peace officer.
(2) 'Automated transit vehicle lane monitoring device' means a device that is capable of
producing recorded images of a motor vehicle stopped or parked in a transit vehicle lane.
(3) 'Motor vehicle' shall have the same meaning as set forth in Code Section 40-1-1.
(4) 'Official traffic-control devices' shall have the same meaning as set forth in Code
Section 40-1-1.
(5) 'Owner' means the registrant of a motor vehicle as evidenced in the records of the
Department of Revenue, except that such term shall not include a motor vehicle rental
company when a motor vehicle registered by such company is being operated by another
person under a rental agreement with such company, in which case such term shall mean
the person authorized to operate the vehicle pursuant to the rental agreement.
</ins>
<ins>(6) 'Recorded images' means still or video images captured and stored by an automated
transit vehicle lane monitoring device which include a clear depiction of a motor vehicle
license plate number and the date, time, and location the image was produced.
(7) 'Transit lane safety course' means an online educational video which is no longer than
ten minutes in length and approved by the department.
(8) 'Transit vehicle' means any motor vehicle that is operated within the city by or under
contract with the authority which provides transportation services that are open to the
general public or a segment of the general public.
(9) 'Transit vehicle lane' means a lane or series of lanes of public road within the city
designated for the exclusive use of transit vehicles and indicated as such by official
traffic-control devices.
(b) No person shall stop or park a motor vehicle other than a transit vehicle in a transit
vehicle lane unless such stopping or parking is authorized by an official traffic-control
device, occurs during an emergency situation, or is otherwise authorized by law.
(c) A violation of this Code section shall be punished as follows:
(1) Upon enforcement through the issuance of a uniform traffic citation by a law
enforcement officer at the time of the offense, as a misdemeanor, and upon conviction
thereof with a fine:
(A) Not to exceed $50.00 for the first violation; provided, however, that such fine shall
be waived for any offender who completes a transit lane safety course;
(B) Not to exceed $100.00 for the second offense; and
(C) Not to exceed $150.00 for the third offense and such offender shall be required to
complete a defensive driving course approved by the commissioner of driver services
pursuant to Code Section 40-5-83.
(2)(A) Unless the operator of the motor vehicle was arrested or issued a uniform traffic
citation by a law enforcement officer for the same violation, upon enforcement through
</ins>
<ins>the use of an automated transit vehicle lane monitoring device with recorded images,
a civil monetary penalty as follows:
(i) $50.00 for the first violation; provided, however, that such fine shall be waived
for any offender who completes a transit lane safety course;
(ii) $100.00 for the second offense; and
(iii) $150.00 for the third offense and such offender shall be required to complete a
defensive driving course approved by the commissioner of driver services pursuant
to Code Section 40-5-83.
(B) Any fee for the processing of a civil monetary penalty issued under this Code
section shall be no greater than $25.00 and any late fee assessed for failure to pay a
civil monetary penalty owed shall be no greater than $5.00. No additional penalty, fee,
or surcharge other than those set forth in this Code section shall be authorized. A
violation punished with a civil monetary penalty pursuant to this paragraph shall not be
considered a conviction, shall not be considered a moving traffic violation for purposes
of points assessed pursuant to Code Section 40-5-57, shall not be made a part of the
motor vehicle operating record of the person upon whom such penalty is imposed, nor
shall it be used for any purposes in the provision of motor vehicle insurance coverage.
(C) The law enforcement agency or agent authorized to enforce the provisions of this
Code section on behalf of the governing body of the city through the use of an
automated transit vehicle lane monitoring device shall send by first-class mail
addressed to the owner of the motor vehicle no later than 60 days after the date of the
alleged violation:
(i) A citation for the alleged violation, which shall include the date, time, and location
of the alleged violation, the amount of the civil monetary penalty imposed, and the
date by which the civil monetary penalty shall be paid;
(ii) An image produced from the recorded images showing the motor vehicle
involved in the alleged violation;
</ins>
<ins>(iii) A website address where recorded images showing the motor vehicle involved
in the alleged violation, the transit lane safety course, and a duplicate of the
information provided for in this subsection may be viewed;
(iv) A copy of a certificate sworn to or affirmed by a certified peace officer employed
by a law enforcement agency authorized to enforce the provisions of this Code section
stating that, based upon inspection of recorded images, the owner's motor vehicle was
stopped or parked in a transit vehicle in violation of this Code section;
(v) A statement of the inference provided by subparagraph (E) of this Code section
and of the means specified therein by which such inference may be rebutted;
(vi) Information advising the owner of the motor vehicle of the manner in which
liability as alleged in the citation may be contested; and
(vii) A warning that failure to complete the transit lane safety course, pay the civil
monetary penalty, or contest the violation in a timely manner may result in assessment
of late fees in addition to the civil monetary penalty owed.
(D) Proof that a motor vehicle was stopped or parked in a transit vehicle lane in
violation of this Code section may be evidenced by recorded images. A copy of a
certificate sworn to or affirmed by a certified peace officer employed by a law
enforcement agency authorized to enforce this Code section stating that, based upon
inspection of recorded images, a motor vehicle was stopped or parked in a transit
vehicle lane and that such stopping or parking was not otherwise authorized by law
shall be prima-facie evidence of the facts contained therein.
(E) Liability under this paragraph shall be determined based upon a preponderance of
the evidence. Prima-facie evidence that the motor vehicle described in the citation was
stopped or parked in a transit vehicle lane, together with proof that the defendant was,
at the time of such violation, the owner of the vehicle, shall permit the trier of fact in
its discretion to infer that such owner of the motor vehicle was the operator of the motor
</ins>
<ins>vehicle at the time of the alleged violation. Such inference may be rebutted if the
owner of the motor vehicle:
(i) Testifies under oath in open court or submits to the court a sworn notarized
statement that he or she was not the operator of the motor vehicle at the time of the
alleged violation;
(ii) Presents evidence in court that demonstrates he or she is not the owner of the
motor vehicle in the recorded images nor rented the motor vehicle in the recorded
images; or
(iii) Presents to the court a certified copy of a police report showing that the motor
vehicle had been reported to the police as stolen prior to the time of the alleged
violation.
(F) Except in cases where an adjudication that no violation occurred has been issued
or there is an otherwise lawful determination that no civil monetary penalty shall be
imposed:
(i) When an owner fails to complete the transit lane safety course or pay the civil
monetary penalty for which citation and notice was sent to the owner pursuant to this
paragraph within 60 days such notice was mailed, or has failed to submit
documentation to the court pursuant to subparagraph (E) of this paragraph, the law
enforcement agency or agent thereof which sent the original citation shall send a
second notice. Such second notice shall include all information required of the
original citation and a new date by which the civil monetary penalty shall be paid
which shall be no less than 30 days after such mailing. If such owner notified by
second notice again fails to complete the transit lane safety course, pay the civil
monetary penalty, or submit documentation to the court pursuant to subparagraph (E)
of this paragraph by the new date by which the civil monetary penalty shall be paid,
such owner shall have waived the right to contest the violation and shall be liable for
the civil monetary penalty provided for under this paragraph; and
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<ins>(ii) When a citation issued pursuant to this paragraph has not been contested, the
transit lane safety course has not been completed, or the civil monetary penalty has
not been paid, the agent or governing authority shall mail a second notice of any
unpaid civil monetary penalty to the owner.
(G) Notices mailed by first-class mail shall be adequate notification of the
requirements, fees, and penalties imposed by this paragraph.
(H) Any court having jurisdiction over violations relating to traffic laws within the city
shall have jurisdiction over cases arising under this paragraph and shall be authorized
to impose the civil monetary penalty provided by this paragraph. Except as otherwise
provided to the contrary, the provisions of law governing jurisdiction, procedure,
defenses, adjudication, appeal, and payment and distribution of penalties otherwise
applicable to traffic violations within the city shall apply to enforcement under this
article; provided, however, that any appeal from a superior or state court shall be by
application in the same manner as that provided by Code Section 5-6-35.
(I) Money collected and remitted to the city pursuant to this paragraph shall be remitted
to the authority to be used to fund public safety initiatives. This subparagraph shall not
preclude the appropriation of a greater amount than collected and remitted by the
authority pursuant to this paragraph for such purposes.
(J) Any agreement entered into between the governing body of the city or law
enforcement agency and an agent for the administration of this paragraph shall be
established upon a subscription basis and subject to approval by the department. No
such agreement shall authorize any agent to collect or retain a percentage of the civil
monetary penalties assessed. Such agreement shall require the maintenance of recorded
images in a system compliant with security and privacy standards set forth by the
Georgia Crime Information Center Council for criminal justice information systems.
Such agreement shall further require that recorded images shall only be used for
purposes set forth in this paragraph and shall be destroyed no later than 72 hours after
</ins>
<ins>the transit lane safety course is completed, the civil monetary penalty paid, or a final
determination in the case has been rendered. Recorded images produced by an
automated transit vehicle lane monitoring device shall not be a public record for
purposes of Article 4 of Chapter 18 of Title 50.
(K) In order to enforce the provisions of this paragraph, the city and authority shall
erect signs warning of the use of an automated transit vehicle lane monitoring device
no closer than 200 feet and no farther than 500 feet prior to any signalized entrance to
a transit vehicle lane. Any such sign shall be at least 24 by 30 inches in size and be
placed in such a manner that the sign is plainly visible from every lane of traffic and
viewable in all traffic conditions. Any such sign shall indicate whether the automated
transit lane monitoring device is fixed upon the roadway or located upon the transit
vehicles utilizing the lane or lanes.
(L) Any district attorney, solicitor-general of state court, or prosecuting attorney of
municipal court whose jurisdiction includes the city shall be authorized to prosecute
civil actions to enforce any civil penalty set forth in this paragraph.
(3) For a period of six months after the date a transit vehicle lane is designated as such,
any violation of this Code section shall be punishable only by issuance of a warning.
After six months from the date a transit vehicle lane is designated, all provisions of this
Code section regarding such violations shall be in full force and effect.
(4) No uniform traffic citation shall be issued for a violation of Code Section 32-9-4 if
a uniform traffic citation for the same act has been issued under the provisions of this
Code section, nor shall any uniform traffic citation be issued under the provisions of this
Code section if a uniform traffic citation for the same act has been issued pursuant to
Code Section 32-9-4.
(d) The department, in consultation with the city, shall be authorized to promulgate
appropriate rules and regulations for the implementation of the provisions of this Code
section for any portion of a transit vehicle lane that is part of the state highway system.
</ins>
<ins>The city and the authority in the utilization of such transit vehicle lanes shall at all times
cooperate fully with the department. The department shall be authorized, at any time, to
inspect an automated transit vehicle lane monitoring device used by the city or authority
or agent thereof on any such transit vehicle lane and any records pertaining to revenues
collected from the use of such devices in such lanes. Certified peace officers of the
Georgia State Patrol and the Department of Public Safety shall be nonexclusively
authorized to enforce the provisions of this Code section.
(e) No violation of the provisions of this Code section shall be punished by any term of
confinement or imprisonment; provided, however, that this Code section shall not affect
the power of a court to punish for contempt or to employ any sanction authorized by law
for the enforcement of an order, civil judgment, or decree.
(f) This Code section shall stand repealed on January 1, 2030."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.