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2018 Georgia Code 32-9-4.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 32-9-4.1 Case Law from Google Scholar Amendments to OCGA 32-9-4.1

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 9. Mass Transportation, 32-9-1 through 32-9-24.

ARTICLE 1 GENERAL PROVISIONS

32-9-4.1. FlexAuto lanes.

  1. As used in this Code section, the term "FlexAuto lane" means an area designated as a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or other road into a rush hour traffic lane for use by automobiles during certain hours.
  2. The department, with the approval of the board, is authorized to designate FlexAuto lanes on the state highway system for the purpose of improving traffic flow in and around areas with a history of traffic congestion.
  3. Any FlexAuto lane shall be appropriately striped and marked and shall have signage appropriate to indicate its nature, as determined by the department. The department may incorporate emergency havens, emergency ramps, or emergency parking pads into the design and creation of FlexAuto lanes, as determined appropriate by the department.
  4. The hours of usage of a FlexAuto lane shall be determined by the department.
  5. It shall be unlawful for any person operating any motor vehicle to use a FlexAuto lane for purposes of travel other than emergency use outside the permitted hours of travel use, as determined and posted by the department. It shall be unlawful for any person operating any motor vehicle other than an automobile, motorcycle, or light truck to use a FlexAuto lane for purposes of travel other than emergency use at any time.
  6. Prior to implementing this Code section, the department shall, if necessary, seek to secure and implement any federal approvals, waivers, or other actions necessary or appropriate in order to implement this Code section without any loss or impairment of federal funding.

(Code 1981, §32-9-4.1, enacted by Ga. L. 2005, p. 684, § 2/HB 273; Ga. L. 2017, p. 720, § 3/HB 328.)

The 2017 amendment, effective July 1, 2017, deleted ", not to exceed eight hours per day" following "department" at the end of subsection (d); and deleted former subsection (g), which read: "FlexAuto lanes shall not be implemented at more than 80 separate locations in the state until such time as the department has completed a one year test use of such lanes.".

Editor's notes.

- Ga. L. 2005, p. 684, § 1/HB 273, not codified by the General Assembly, provides that: "The General Assembly finds and determines and recommends as follows:

"(1) The Georgia Department of Transportation has a job of overwhelming proportions and addresses the ever-increasing transportation needs of the state through the hard work and dedication of outstanding leaders and staff;

"(2) There is a need in this state to reduce emissions and improve air quality by increasing traffic flow and reducing traffic congestion and decreasing drive times;

"(3) The Department of Transportation is urged to use creative and innovative methods to deal with gridlock and traffic congestion in Georgia and especially in the metropolitan areas;

"(4) Upon passage of this enabling legislation, the department is urged to implement FlexAuto lanes where applicable and to commence the implementation of such lanes in as timely a manner as is practicable;

"(5) The Department of Transportation is requested specifically to identify 20 major areas with a history of traffic congestion in and around our state that will derive the most benefit from the use of FlexAuto lanes and, after identifying these areas, to create and rapidly implement a plan for use of such lanes in such areas;

"(6) Studies and construction models used successfully in other areas within this country and others should be used as models where traffic flow was improved and emissions reduced by using creative and innovative methods to deal with gridlock and traffic congestion; and

"(7) The model used in Virginia is being studied by Israel, France, Japan, Germany, and England."

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