23 LC 39 3568
H. B. 119
- 1 -
House Bill 119
By: Representatives Corbett of the 174
th
, Mathis of the 149
th
, Smith of the 138
th
, Wiedower
of the 121
st
, and Powell of the 33
rd
A BILL TO BE ENTITLED
AN ACT
To Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to
1
general provisions relative to uniform rules of the road, so as to provide for procedure for2
passing stationary vehicles; to provide for related matters; to repeal conflicting laws; and for3
other purposes4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to7
general provisions relative to uniform rules of the road, is amended by revising Code Section8
40-6-16, relating to procedure for passing certain stationary vehicles, as follows:9
"40-6-16.10
(a) This Code section shall be known and may be cited as the 'Spencer Pass Law.'11
(b) The operator of a motor vehicle approaching a stationary authorized emergency vehicle12
that is displaying flashing yellow, amber, white, red, or blue lights shall approach the13
authorized emergency vehicle with due caution and shall, absent any other direction by a14
peace officer, proceed as follows:15 23 LC 39 3568
H. B. 119
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(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if
16
possible in the existing safety and traffic conditions; or17
(2) If a lane change under paragraph (1) of this subsection would be impossible,18
prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and19
proper speed for the existing road and traffic conditions, which speed shall be less than20
the posted speed limit, and be prepared to stop.21
(c) The operator of a motor vehicle approaching a stationary towing or recovery vehicle,
22
a stationary highway maintenance vehicle, or a stationary utility service vehicle other than23
an authorized emergency vehicle that is utilizing traffic cones, displaying flashing hazard24
lights, or displaying flashing yellow, amber, white, or red lights shall approach the vehicle25
with due caution and shall, absent any other direction by a peace officer, proceed as26
follows:27
(1) Make a lane change into a lane not adjacent to the towing, recovery, highway28
maintenance, or utility service vehicle if possible in the existing safety and traffic29
conditions; or30
(2) If a lane change under paragraph (1) of this subsection would be impossible,31
prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and32
proper speed for the existing road and traffic conditions, which speed shall be less than33
the posted speed limit, and be prepared to stop.34
(d)(1) Violation of subsection (b) of this Code section shall be punished by a fine of not35
more than $500.00.36
(2) Violation of subsection (c) of this Code section shall be punished by a fine of not37
more than $250.00.38
(e) As used in this Code section, the term:39
(1) 'Utility service vehicle' means any vehicle being used by an employee or contractor40
of any entity, including, but not limited to, a political subdivision of this state or a local41 23 LC 39 3568
H. B. 119
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authority or commission related thereto, an electric cooperative, or a public or private42
corporation, in connection with the provision of utility services.43
(2) 'Utility services' means and includes electric, natural gas, water, waste-water, cable,44
telephone, or telecommunication services or the repair, location, relocation, improvement,45
or maintenance of utility poles, transmission structures, pipes, wires, fibers, cables,46
easements, rights of way, and associated infrastructure."47
SECTION 2.48
All laws and parts of laws in conflict with this Act are repealed.49