Georgia 2025-2026 Regular Session

Georgia House Bill HB164 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 39 4500~~/AP~~
2		-	House Bill 164 ~~(AS PASSED HOUSE AND SENATE)~~
	1	+	25 LC 39 4500
	2	+	House Bill 164
3	3		By: Representatives Meeks of the 178
4	4		th
5	5		, Hagan of the 156
6	6		th
7	7		, Buckner of the 137
8	8		th
9	9		, Dickey of
10	10		the 134
11	11		th
12	12		, Cannon of the 172
13	13		nd
14	14		, and others
15	15		A BILL TO BE ENTITLED
16	16		AN ACT
17	17		To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated,
18	18		1
19	19		relating to dimensions and weight of vehicles and loads, so as to repeal automatic repeal2
20	20		provisions relating to an allowable variance for weight limitations upon a vehicle or load3
21	21		hauling certain commodities within a certain range and areas of the state; to provide for the4
22	22		enforcement of such provisions by local law enforcement officers; to provide for related5
23	23		matters; to repeal conflicting laws; and for other purposes.6
24	24		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
25	25		SECTION 1.8
26	26		Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to9
27	27		dimensions and weight of vehicles and loads, is amended in Code Section 32-6-26, relating10
28	28		to weight of vehicle and load, by revising paragraph (5) of subsection (g) as follows:11
29	29		"(5) Notwithstanding any provisions of this Code section to the contrary, a vehicle which12
30	30		is hauling any of the commodities listed in subparagraphs (g)(1)(A), (g)(1)(B), (g)(1)(C),
31	31		13
32	32		and (g)(1)(G) of this Code section (A), (B), (C), and (G) of paragraph (1) of this14
33	33		subsection, which is hauling any other agricultural or farm product from a farm to the15
34	34		first point of marketing or processing, which is hauling agricultural finished goods for16
35	35		H. B. 164
36		-	- 1 - 25 LC 39 4500~~/AP~~
	36	+	- 1 - 25 LC 39 4500
37	37		distribution or for retail sale and purchase by consumers, or which is hauling recovered
38	38		17
39	39		materials from points of generation to a processing facility shall, within a 150 mile radius18
40	40		of the farm or point of origin and outside of a nonattainment area as of May 3, 2023, as19
41	41		such term is defined in Code Section 32-9-11, be permitted a 10 percent variance from20
42	42		the weight limitations in paragraph (1) of this subsection, provided that the tractor and21
43	43		the trailer are each certified to meet or exceed the weight allowable by such variance. A22
44	44		lift axle may not be used in computing the maximum total gross weight authorized for23
45	45		any vehicle or load under this paragraph. Any person who violates the load limitations24
46	46		provided for in this paragraph by exceeding a 10 percent variance per single axle, tandem25
47	47		axle, or maximum total gross weight shall be fined on the basis of the weight limitations26
48	48		of paragraph (1) of this subsection and not on the basis of the variance allowed by this27
49	49		paragraph. This paragraph shall stand repealed on July 1, 2025.
50	50		"28
51	51		SECTION 2.29
52	52		Said article is further amended in Code Section 32-6-27, relating to enforcement of load30
53	53		limitations, as in effect on July 1, 2025, by revising subsection (a.1) as follows:31
54	54		"(a.1)(1)(A) The Department of Public Safety is and local law enforcement officers are32
55	55		authorized to issue a citation to the owner or operator of any vehicle in violation of a33
56	56		maximum weight limit on a county road which is a designated local truck route under34
57	57		subsection (f) of Code Section 32-6-26 and for which signs have been placed and35
58	58		maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50.36
59	59		(B) The Department of Public Safety is and local law enforcement officers are37
60	60		authorized to issue a warning to the owner or operator of any vehicle in violation of a38
61	61		maximum weight limit on a county road which is a designated local truck route under39
62	62		subsection (f) of Code Section 32-6-26 but for which signs have not been placed or40
63	63		maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-5041
64	64		H. B. 164
65		-	- 2 - 25 LC 39 4500~~/AP~~
	65	+	- 2 - 25 LC 39 4500
66	66		upon the first such violation and to issue a citation to such owner or operator for a
67	67		42
68	68		subsequent such violation.43
69	69		(2)(A) The Department of Public Safety is
70	70		and local law enforcement officers are44
71	71		authorized to issue a citation to the owner or operator of any vehicle in violation of a45
72	72		maximum weight limit on a bridge for which signs have been placed and maintained46
73	73		as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code47
74	74		Section 32-4-91; provided, however, that local law enforcement authority to issue a48
75	75		citation pursuant to this subparagraph shall be limited to bridges located within a county49
76	76		road or municipal street system.50
77	77		(B) The Department of Public Safety is and local law enforcement officers are51
78	78		authorized to issue a warning to the owner or operator of any vehicle in violation of a52
79	79		maximum weight limit on a bridge but for which signs have not been placed or53
80	80		maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1)54
81	81		of Code Section 32-4-91 upon the first such violation and to issue a citation to such55
82	82		owner or operator for a subsequent such violation; provided, however, that local law56
83	83		enforcement authority to issue a citation pursuant to this subparagraph shall be limited57
84	84		to bridges located within a county road or municipal street system."58
85	85		SECTION 3.59
86	86		Said article is further amended in Code Section 32-6-28, relating to permits for excess weight60
87	87		and dimensions, as in effect on July 1, 2025, by revising paragraph (3) of subsection (a) as61
88	88		follows:62
89	89		"(3) Every such permit shall be carried in the vehicle or combination of vehicles to which63
90	90		it refers and shall be open to inspection by any local law enforcement officer or any64
91	91		police officer, state trooper, or authorized agent of the department."65
92	92		H. B. 164
93		-	- 3 - 25 LC 39 4500~~/AP~~
	93	+	- 3 - 25 LC 39 4500
94	94		SECTION 4.
95	95		66
96	96		Said article is further amended by revising Code Section 32-6-29, relating to responsibility67
97	97		of the Department of Transportation and responsibility of the Department of Public Safety,68
98	98		as in effect on July 1, 2025, as follows:69
99	99		"32-6-29.70
100	100		(a) The Department of Transportation shall be responsible for rules and regulations71
101	101		relating to size and weight limits and issuance of permits under this article.72
102	102		(b) The Department of Transportation shall not, however, employ any law enforcement73
103	103		officers or agents except as may be specifically authorized by other laws. Law74
104	104		enforcement responsibility for enforcement of this article shall be in the Department of75
105	105		Public Safety and with any local law enforcement officer authorized to enforce laws
106	106		76
107	107		relating to motor vehicles and traffic upon the road or bridge on which a vehicle is77
108	108		traveling."78
109	109		SECTION 5.79
110	110		Said article is further amended by revising Code Section 32-6-30, relating to stopping80
111	111		vehicles for purposes of weighing, measuring, or inspecting, reports of violations, and refusal81
112	112		to stop, as in effect on July 1, 2025, as follows:82
113	113		"32-6-30.83
114	114		(a)(1) Any law enforcement official officer or employee of the Department of Public84
115	115		Safety to whom law enforcement authority has been designated who observes a motor85
116	116		vehicle being operated upon a public road of the state and who shall be authorized to stop86
117	117		the vehicle and weigh, measure, and inspect such vehicle when he or she has reason to87
118	118		believe that:88
119	119		(1)(A) Any provision of this article is being violated; 89
120	120		(2)(B) The vehicle is improperly licensed in violation of Code Sections 40-2-15090
121	121		through 40-2-162; or 91
122	122		H. B. 164
123		-	- 4 - 25 LC 39 4500~~/AP~~
	123	+	- 4 - 25 LC 39 4500
124	124		(3)(C) A fuel tax registration card is not being carried or that a proper distinguishing92
125	125		identification marker is not affixed to the vehicle in violation of Code Section 48-9-3993
126	126		shall be authorized to stop such vehicle and weigh, measure, or inspect the same. 94
127	127		Violations of such licensing or fuel tax registration and identification requirements shall95
128	128		be reported to the Department of Revenue.96
129	129		(2) Any local law enforcement officer observing a motor vehicle being operated upon97
130	130		a public road within the jurisdiction where he or she has authority to enforce the motor98
131	131		vehicle and traffic laws who has reason to believe the vehicle weight limitations of this99
132	132		article have been violated shall be authorized to stop such vehicle and weigh, measure,100
133	133		or inspect the same, provided that such law enforcement officer has been properly trained101
134	134		regarding the laws governing commercial motor vehicle weight and load, equivalent to102
135	135		training provided to certified officers in the Motor Carrier Compliance Enforcement103
136	136		Section.104
137	137		(b)(1) If the operator of the vehicle shall refuse to stop upon proper order as directed by105
138	138		a person authorized by subsection (a) of this Code section to stop, weigh, measure, or106
139	139		inspect the vehicle or its load, the operator shall be guilty of a misdemeanor and, upon107
140	140		conviction thereof, shall be punished by a fine not to exceed $200.00. The operator shall108
141	141		have the right to post an appropriate bond, which shall not exceed $400.00, when any law109
142	142		enforcement officer or employee of the Department of Public Safety authorized to110
143	143		enforce this article apprehends said operator for any violation of this article.111
144	144		(2) In addition, the operator's driver's license or nonresident's driving privilege may be112
145	145		suspended for a period of not more than 90 days by the Department of Driver Services113
146	146		upon satisfactory proof of said refusal to stop or drive the vehicle upon the scales. Each114
147	147		person who shall apply for a Georgia driver's license, or for nonresident driving115
148	148		privileges, or for a renewal of same thereby consents to stop such vehicle for inspection116
149	149		or to drive such vehicle upon scales whenever so ordered by a law enforcement official117
150	150		officer or authorized employee of the Department of Public Safety.118
151	151		H. B. 164
152		-	- 5 - 25 LC 39 4500~~/AP~~
	152	+	- 5 - 25 LC 39 4500
153	153		(c) Any violation found relating to licensing or fuel tax registration and identification119
154	154		requirements pursuant to this Code section shall be reported to the Department of Revenue120
155	155		by the officer or employee observing such violation."121
156	156		SECTION 6.122
157	157		All laws and parts of laws in conflict with this Act are repealed.123
158	158		H. B. 164
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