HB1161: HB1161 Motor vehicles; proper operation upon approach by an authorized emergency vehicle or by a law enforcement vehicle for purposes of a traffic stop; provide

26 HB 1161/AP 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 and1 traffic, so as to provide for proper operation of a motor vehic le upon approach by an2 authorized emergency vehicle or by a law enforcement vehicle for purposes of a traffic stop;3 to provide for penalties based on the distance a person fled or otherwise attempted to elude4 a pursuing vehicle or law enforcement officer performing duties on behalf of the Department5 of Public Safety; to modify the permissible reduction of light transmission through the6 application of material and glazing to the windows of certain motor vehicles; to provide for7 definitions; to revise requirements for the placement of automated traffic enforcement safety8 devices; to revise application procedure for a permit to operat e such devices; to require9 annual reporting on revenues generated by such devices; to provide standards for notice sent10 for imposition of a civil monetary penalty and penalties for nonpayment relating to citations11 issued by such devices; to provide for related matters; to provide for effective dates; to repeal12 conflicting laws; and for other purposes.13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 SECTION 1.15 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is16 amended by revising Code Section 40-6-74, relating to operation of vehicles on approach of17 authorized emergency vehicles, as follows:18 H. B. 1161 - 1 - 26 HB 1161/AP "40-6-74.19 (a) Upon the immediate approach of an authorized emergency veh icle or a vehicle20 belonging to a federal, state, or local law enforcement agency making use of an audible21 signal and visual signals meeting the requirements of Code Sect ion 40-6-6, the driver22 operator of every other vehicle in proximity to such approaching vehicl e shall yield the23 right of way to the authorized emergency vehicle and shall immediately drive move the24 vehicle to a position parallel to, and as close as possible to, the right-hand edge or curb of25 the roadway clear of any intersection and shall stop and remain in such position until the26 authorized emergency vehicle or law enforcement vehicle has passed, except when27 otherwise directed by a police law enforcement officer.28 (b) When an operator of a motor vehicle upon a highway is dire cted to stop by a law29 enforcement officer in a law enforcement vehicle marked pursuant to Code Section 40-8-9130 and through the use of an audible signal and visual signals mee ting the requirements of31 Code Section 40-6-6, the operator shall immediately move the motor vehicle in a manner32 so as not to impede the flow of traffic to a position parallel to, and as close as possible to,33 the right-hand edge or curb of the roadway clear of any intersection and stop and remain34 in such position until otherwise directed by the law enforcemen t officer; provided,35 however, that, when such requirement would result in stopping and remaining in an unsafe36 location, such operator may display the vehicle's flashing lights or turn signal, observe the37 maximum posted speed limit, and continue to a reasonably safe location to stop and remain38 in such position until otherwise directed by the law enforcement officer.39 (b)(c) This Code section shall not operate to relieve the driver operator of any authorized40 emergency vehicle from the duty to drive with due regard for the safety of all persons using41 the highway."42 H. B. 1161 - 2 - 26 HB 1161/AP SECTION 2.43 Said title is further amended in Code Section 40-6-395, relating to fleeing or attempting to44 elude police officer and impersonating law enforcement officer, by revising subsections (d)45 and (e) and adding a new subsection to read as follows:46 "(d) Any person convicted of violating the provisions of subsection (a) of this Code section47 with respect to a police vehicle or police officer performing official duties on behalf of the48 Capitol Police Division, Commercial Vehicle Enforcement Division, or Uniform Division49 of the Department of Public Safety shall be sentenced to imprisonment in accordance with50 subsections (b) and (c) of this Code section; provided, however, that such sentence shall51 be calculated at a rate of 30 days for each mile the person actually traveled while fleeing52 or otherwise attempting to elude the police vehicle or police officer; provided, further, that53 the term of imprisonment shall be within the minimum and maximum sentences set forth54 in subsections (b) and (c) of this Code section. The trier of fact shall determine beyond a55 reasonable doubt the distance the person actually traveled whil e fleeing or otherwise56 attempting to elude a pursuing police vehicle or police officer after such officer notified the57 police dispatcher that such person was fleeing or otherwise attempting to elude the police58 officer. The determination of the distance traveled shall not be an essential element of such59 offense. If the distance traveled cannot be determined, such distance shall be presumed to60 be zero miles.61 (e) Following adjudication of guilt or imposition of sentence for a violation of62 subparagraph (b)(1)(D) or subsection (c) of this Code section, the sentence shall not be63 suspended, probated, deferred, or withheld, and the charge shall not be reduced to a lesser64 offense, merged with any other offense, or served concurrently with any other offense.65 (e)(f) It shall be unlawful for a person:66 (1) To impersonate a sheriff, deputy sheriff, state trooper, agent of the Georgia Bureau67 of Investigation, agent of the Federal Bureau of Investigation, police officer, or any other68 authorized law enforcement officer by using a motor vehicle, motorcycle, or blue light 69 H. B. 1161 - 3 - 26 HB 1161/AP designed, equipped, or marked so as to resemble a motor vehicle , motorcycle, or blue70 light belonging to any federal, state, or local law enforcement agency; or71 (2) Otherwise to impersonate any such law enforcement officer in order to direct, stop,72 or otherwise control traffic."73 SECTION 3.74 Said title is further amended in Code Section 40-8-73.1, relati ng to tinting of windows or75 windshields, by revising subsections (a) and (b) and paragraph (6) of subsection (c) as76 follows:77 "(a) As used in this Code section, the term:78 (1) 'Front side and door windows' means the side and door windows of a motor vehicle79 that are directly to the right and left of the driver.80 (2) 'Light reflectance' means the ratio of the amount of total li ght that is reflected81 outward by a product or material to the amount of total light f alling on the product or82 material.83 (2)(3) 'Light transmission' means the ratio of the amount of total l ight, expressed in84 percentages, which is allowed to pass through a surface to the amount of light falling on85 the surface.86 (3) 'Manufacturer' means a person who produces or assembles a vehicle glass-coating87 material or who fabricates, laminates, or tempers a safety-glaz ing material, which88 material reduces light transmission.89 (4) 'Material' means any transparent product or substance whic h reduces light90 transmission.91 (5) 'Multipurpose passenger vehicle' means a motor vehicle designed to carry ten persons92 or less which is constructed on a truck chassis or with special features for occasional93 off-road operation.94 H. B. 1161 - 4 - 26 HB 1161/AP (6) 'Rear side and door windows' means the side and door windows of a motor vehicle95 that are not directly to the right and left of the driver.96 (b) Except as provided in this Code section, it shall be unlawful for any person to operate97 a motor vehicle in this state:98 (1) Which has material and glazing applied or affixed to the f ront windshield, which99 material and glazing when so applied or affixed reduce light tr ansmission through the100 windshield; or101 (2) Which has material and glazing applied or affixed to the rear windshield or the front102 side or door windows, which material and glazing when so applied or affixed reduce light103 transmission through the windshield or window to less than 32 28 percent, plus or minus104 3 percent, or increase light reflectance to more than 20 percent; or105 (3) Which has material and glazing applied or affixed to the rear windshield or the rear106 side or door windows, which material and glazing when so applied or affixed reduce light107 transmission through the windshield or window to less than 15 percent, plus or minus 3108 percent, or increase light reflectance to more than 20 percent."109 "(6) The rear windshield or the rear side or door windows, except those windows to the110 right and left of the driver of:111 (A) A multipurpose passenger vehicle;112 (B) A school bus, any other bus used for public transportation , and any bus or van113 owned or leased by any religious or any nonprofit organization duly incorporated under114 the laws of this state;115 (C) Any limousine owned or leased by a public or private entity; or116 (D) Any other vehicle, the windows or windshields of which hav e been tinted or117 darkened before factory delivery or permitted by federal law or regulation;"118 H. B. 1161 - 5 - 26 HB 1161/AP SECTION 4.119 Said title is further amended in Code Section 40-8-91, relating to marking and equipment of120 law enforcement vehicles and motorist allowed to continue to safe location before stopping121 for law enforcement officer vehicles, by revising subsections (e) and (f) as follows:122 "(e) Whenever a motorist driving on the roadways of this state is directed to stop by a law123 enforcement officer in a law enforcement vehicle marked as requ ired under this Code124 section, the motorist may continue to drive until a reasonably safe location for stopping is125 reached. Such motorist shall indicate to the officer his or he r intent to proceed to a safe126 location by displaying the vehicle's flashing lights or turn signal. In proceeding to a safe127 location, the motorist shall observe the posted maximum speed limit.128 (f) An otherwise lawful arrest shall not be invalidated or in any manner affected by failure129 to comply with this Code section."130 SECTION 5.131 Said title is further amended in Code Section 40-14-6, relating to warning signs required and132 signage requirements, by revising subsection (c) as follows:133 "(c) In addition to the signs required under subsections (a) an d (b) of this Code section,134 each law enforcement agency using an automated traffic enforcem ent safety device as135 provided for in Code Section 40-14-18 shall erect signs warning of the use of a stationary136 speed detection an automated traffic enforcement safety device within the an approaching137 school zone. Such signs shall be at least 24 by 30 inches in a rea, shall be visible plainly138 from every lane of traffic, shall be viewable in all traffic conditions, and shall not be placed139 in such a manner that the view of such sign is subject to being obstructed by any other140 vehicle on such highway. Such Automated traffic enforcement safety device warning signs141 shall be placed within 500 feet prior to the warning sign announcing the reduction of the142 speed limit for the school speed zone. Such signs shall include a sign or device which143 provides the operator of a motor vehicle approaching such sign with an accurate depiction 144 H. B. 1161 - 6 - 26 HB 1161/AP of the speed of such motor vehicle and lights which flash yellow in accordance with any 145 rule or regulation established by the Department of Transportation when the automated 146 traffic enforcement safety device is authorized to issue citations pursuant to Code Section 147 40-14-18. There shall be a rebuttable presumption that such signs are properly installed 148 pursuant to this subsection at the time of any alleged violation under this article."149 SECTION 6.150 Said title is further amended in Code Section 40-14-11, relatin g to investigations by151 commissioner of public safety, issuance of order suspending or revoking permit, and ratio152 of speeding fines to agency's budget, by adding a new subsection to read as follows:153 "(f) The governing body of any county or municipality utilizing automated traffic154 enforcement safety devices pursuant to this article shall submi t an annual report on the155 revenue generated through the use of such devices to the Department of Public Safety."156 SECTION 7.157 Said title is further amended in Code Section 40-14-18, relating to enforcement of speed limit158 in school zones with recorded images, civil monetary penalty, and consequences for failure159 to pay penalty, by revising paragraph (2) of subsection (a) and subparagraph (b)(2)(G) as160 follows:161 "(2) Prior to the placement of a an automated traffic enforcement safety device within162 a school zone, each school within whose school zone the governing body of the county163 or municipality whose law enforcement agency is authorized to enforce the speed limit164 of a school zone where such automated traffic enforcement safety device is to be placed165 and which holds a valid permit for the operation of speed detection devices issued by the166 Department of Public Safety pursuant to Code Section 40-14-2 shall first apply for and167 secure a permit from the Department of Transportation for the u se of such automated168 traffic enforcement safety device. Such permit shall be awarded based upon need; 169 H. B. 1161 - 7 - 26 HB 1161/AP provided, however, that a permit issued for placement upon any highway with more than 170 two lanes shall require a demonstration of prior history which justifies such need and no 171 permit shall be issued for placement upon a highway within a school zone with four lanes 172 that does not have a crosswalk across such lanes. The Department of Transportation shall 173 promulgate rules and regulations for the implementation of this paragraph."174 "(G) A warning that failure to pay the civil monetary penalty or to contest liability in175 a timely manner as provided for in subsection (d) of this Code section shall waive any176 right to contest liability and include a statement which reads: 'FAILURE TO PAY THIS177 FINE OR CONTEST LIABILITY IN COURT SHALL RESULT IN THE INABILITY178 TO RENEW YOUR MOTOR VEHICLE REGISTRATION FOR THIS VEHICLE';"179 SECTION 8.180 (a) Except as provided for in subsection (b) of this section, this Act shall become effective181 on July 1, 2026.182 (b) Section 5 of this Act shall become effective on July 1, 2027.183 SECTION 9.184 All laws and parts of laws in conflict with this Act are repealed.185 H. B. 1161 - 8 -