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