| 5 | | - | To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and1 |
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| 6 | | - | traffic, so as to revise a definition to update the reference date to federal regulations2 |
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| 7 | | - | regarding the safe operation of motor carriers and commercial motor vehicles; to provide for3 |
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| 8 | | - | the failure to wear a safety belt or safety restraints for children as admissible evidence in civil4 |
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| 9 | | - | actions; to require all occupants other than children under eight in certain motor vehicles to5 |
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| 10 | | - | wear a safety belt; to provide for an exception for children under eight who are properly6 |
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| 11 | | - | restrained; to provide for penalties; to provide for related matters; to repeal conflicting laws;7 |
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| 12 | | - | and for other purposes.8 |
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| 13 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 14 | | - | SECTION 1.10 |
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| 15 | | - | Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is11 |
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| 16 | | - | amended in Code Section 40-1-8, relating to safe operations of motor carriers, commercial12 |
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| 17 | | - | motor vehicles, and drivers and safe transportation of hazardous materials, by revising13 |
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| 18 | | - | subsection (a) as follows:14 |
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| 19 | | - | "(a) As used in this Code section, the term:15 |
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| 20 | | - | (1) 'Commissioner' means the commissioner of public safety.16 |
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| 21 | | - | S. B. 547 (SUB) |
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| 22 | | - | - 1 - 24 LC 39 4397S |
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| 23 | | - | (2) 'Department' means the Department of Public Safety.17 |
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| 24 | | - | (3) 'Present regulations' means the regulations promulgated under 49 C.F.R. in force and18 |
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| 25 | | - | effect on January 1, 2023 2024."19 |
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| 26 | | - | SECTION 2.20 |
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| 27 | | - | Said title is further amended in Code Section 40-8-76, relating to safety belts required as21 |
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| 28 | | - | equipment and safety restraints for children, by revising subsection (c) as follows:22 |
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| 29 | | - | "(c) Violation of this Code section shall not constitute negligence per se nor contributory23 |
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| 30 | | - | negligence per se may be considered in any civil action as evidence admissible on the issue24 |
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| 31 | | - | of failure to mitigate damages, assumption of risk, apportionment of fault, negligence,25 |
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| 32 | | - | comparative negligence, contributory negligence, or causation. Violation of subsection (b)26 |
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| 33 | | - | of this Code section shall not be the basis for cancellation of coverage or increase in27 |
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| 34 | | - | insurance rates."28 |
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| 35 | | - | SECTION 3.29 |
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| 36 | | - | Said title is further amended by revising Code Section 40-8-76.1, relating to use of safety30 |
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| 37 | | - | belts in passenger vehicles, as follows:31 |
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| 38 | | - | "40-8-76.1.32 |
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| 39 | | - | (a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle,33 |
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| 40 | | - | including, but not limited to, pickup trucks, vans, and sport utility vehicles, designed to34 |
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| 41 | | - | carry 15 passengers or fewer and used for the transportation of persons; provided, however,35 |
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| 42 | | - | that such term shall not include motorcycles; motor driven cycles; or off-road vehicles or36 |
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| 43 | | - | pickup trucks being used by an owner, driver, or occupant 18 years of age or older in37 |
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| 44 | | - | connection with agricultural pursuits that are usual and normal to the user's farming38 |
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| 45 | | - | operation; and provided, further, that such term shall not include motor vehicles designed39 |
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| 46 | | - | to carry 11 to 15 passengers which were manufactured prior to July 1, 2015, and which, as40 |
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| 47 | | - | of such date, did not have manufacturer installed seat safety belts.41 |
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| 48 | | - | S. B. 547 (SUB) |
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| 49 | | - | - 2 - 24 LC 39 4397S |
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| 50 | | - | (b) Except as provided for in Code Section 40-8-76 regarding safety restraints for children42 |
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| 51 | | - | under eight years of age, each occupant Each occupant of the front seat of a passenger43 |
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| 52 | | - | vehicle shall, while such passenger vehicle is being operated on a public road, street, or44 |
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| 53 | | - | highway of this state, be restrained by a seat safety belt approved under Federal Motor45 |
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| 54 | | - | Vehicle Safety Standard 208.46 |
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| 55 | | - | (c) The requirement of subsection (b) of this Code section shall not apply to:47 |
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| 56 | | - | (1) A driver or passenger frequently stopping and leaving the vehicle or delivering48 |
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| 57 | | - | property from the vehicle, if the speed of the vehicle between stops does not exceed 1549 |
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| 58 | | - | miles per hour;50 |
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| 59 | | - | (2) A driver or passenger possessing a written statement from a physician that such51 |
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| 60 | | - | person is unable, for medical or physical reasons, to wear a seat safety belt;52 |
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| 61 | | - | (3) A driver or passenger possessing an official certificate or license endorsement issued53 |
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| 62 | | - | by the appropriate agency in another state or country indicating that the driver is unable54 |
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| 63 | | - | for medical, physical, or other valid reasons to wear a seat safety belt;55 |
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| 64 | | - | (4) A driver operating a passenger vehicle in reverse;56 |
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| 65 | | - | (5) A passenger vehicle with a model year prior to 1965;57 |
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| 66 | | - | (6) A passenger vehicle which is not required to be equipped with seat safety belts under58 |
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| 67 | | - | federal law;59 |
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| 68 | | - | (7) A passenger vehicle operated by a rural letter carrier of the United States Postal60 |
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| 69 | | - | Service while performing duties as a rural letter carrier;61 |
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| 70 | | - | (8) A passenger vehicle from which a person is delivering newspapers; or62 |
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| 71 | | - | (9) A passenger vehicle performing an emergency service.63 |
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| 72 | | - | (d) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of64 |
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| 73 | | - | a motor vehicle which has a seat safety belt or belts shall not be considered evidence of65 |
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| 74 | | - | negligence or causation, shall not otherwise be considered by the finder of fact on any66 |
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| 75 | | - | question of liability of any person, corporation, or insurer, shall not be any basis for67 |
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| 76 | | - | cancellation of coverage or increase in insurance rates, and shall not and may be considered68 |
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| 77 | | - | S. B. 547 (SUB) |
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| 78 | | - | - 3 - 24 LC 39 4397S |
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| 79 | | - | in any civil action as evidence admissible on the issue of failure to mitigate damages,69 |
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| 80 | | - | assumption of risk, apportionment of fault, negligence, comparative negligence,70 |
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| 81 | | - | contributory negligence, or causation and may be evidence used to diminish any recovery71 |
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| 82 | | - | for damages arising out of the ownership, maintenance, occupancy, or operation of a motor72 |
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| 83 | | - | vehicle.73 |
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| 84 | | - | (e)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, a person74 |
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| 85 | | - | failing to comply with the requirements of subsection (b) of this Code section shall not75 |
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| 86 | | - | be guilty of any criminal act and shall not be guilty of violating any ordinance. A76 |
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| 87 | | - | violation of this Code section shall not be a moving traffic violation for purposes of Code77 |
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| 88 | | - | Section 40-5-57.78 |
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| 89 | | - | (2) A person failing to comply with the requirements of subsection (b) of this Code79 |
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| 90 | | - | section shall be guilty of the offense of failure to wear a seat safety belt and, upon80 |
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| 91 | | - | conviction thereof, may be fined not more than $15.00 $25.00; but, the provisions of81 |
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| 92 | | - | Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the82 |
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| 93 | | - | costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or83 |
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| 94 | | - | surcharge to a fine for such offense be assessed against a person for conviction thereof. 84 |
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| 95 | | - | The court imposing such fine shall forward a record of the disposition of the case of85 |
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| 96 | | - | failure to wear a seat safety belt to the Department of Driver Services.86 |
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| 97 | | - | (3) Each minor eight years of age or older who is an occupant of a passenger vehicle87 |
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| 98 | | - | shall, while such passenger vehicle is being operated on a public road, street, or highway88 |
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| 99 | | - | of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle89 |
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| 100 | | - | Safety Standard 208. In any case where a minor passenger eight years of age or older90 |
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| 101 | | - | fails to comply with the requirements of this paragraph Code section, the driver of the91 |
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| 102 | | - | passenger vehicle shall be guilty of the offense of failure to secure a seat safety belt on92 |
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| 103 | | - | a minor and, upon conviction thereof, may be fined not more than $25.00 $50.00. The93 |
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| 104 | | - | court imposing such a fine shall forward a record of the court disposition of the case of94 |
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| 105 | | - | failure to secure a seat safety belt on a minor to the Department of Driver Services.95 |
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| 106 | | - | S. B. 547 (SUB) |
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| 107 | | - | - 4 - 24 LC 39 4397S |
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| 108 | | - | (f) Probable cause for violation of this Code section shall be based solely upon a law96 |
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| 109 | | - | enforcement officer's clear and unobstructed view of a person not restrained as required by97 |
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| 110 | | - | this Code section. Noncompliance with the restraint requirements of this Code section98 |
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| 111 | | - | shall not constitute probable cause for violation of any other Code section."99 |
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| 112 | | - | SECTION 4.100 |
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| 113 | | - | All laws and parts of laws in conflict with this Act are repealed.101 |
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| 114 | | - | S. B. 547 (SUB) |
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| 115 | | - | - 5 - |
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| 7 | + | To amend Code Section 40-1-8 of the Official Code of Georgia Annotated, relating to safe |
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| 8 | + | 1 |
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| 9 | + | operations of motor carriers, commercial motor vehicles, and drivers and safe transportation2 |
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| 10 | + | of hazardous materials, so as to update the reference date to federal regulations regarding the3 |
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| 11 | + | safe operation of motor carriers and commercial motor vehicles; to revise a definition; to4 |
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| 12 | + | provide for related matters; to repeal conflicting laws; and for other purposes.5 |
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| 13 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 14 | + | SECTION 1.7 |
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| 15 | + | Code Section 40-1-8 of the Official Code of Georgia Annotated, relating to safe operations8 |
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| 16 | + | of motor carriers, commercial motor vehicles, and drivers and safe transportation of9 |
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| 17 | + | hazardous materials, is amended by revising subsection (a) as follows:10 |
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| 18 | + | "(a) As used in this Code section, the term:11 |
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| 19 | + | (1) 'Commissioner' means the commissioner of public safety.12 |
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| 20 | + | (2) 'Department' means the Department of Public Safety.13 |
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| 21 | + | (3) 'Present regulations' means the regulations promulgated under 49 C.F.R. in force and14 |
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| 22 | + | effect on January 1, 2023 |
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| 23 | + | 2024."15 |
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| 24 | + | S. B. 547 |
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| 25 | + | - 1 - 24 LC 39 4272 |
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| 26 | + | SECTION 2. |
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| 27 | + | 16 |
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| 28 | + | All laws and parts of laws in conflict with this Act are repealed.17 |
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| 29 | + | S. B. 547 |
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| 30 | + | - 2 - |
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