reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 2 - EXERCISE BY MUNICIPALITIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-110 — 32-4-123) › Section 32-4-112 - Contracts with state agencies and adjoining counties

(a)
A contract with a state agency is subject to those limitations of subparagraph (d)(1)(A) and paragraph (2) of subsection (d) of Code Section
32-2-61
.
(b)
(1)
A municipality may contract with any county in which part of the municipality lies for the construction and maintenance of a public road within the limits of such municipality. A municipality may contract with any county abutting the corporate limits of such municipality for the construction and maintenance of a bridge within the limits of both such municipality and such county.
(2)
In such contract, the county may agree to use any county funds available for the construction and maintenance of roads in such county, including funds derived from general obligation bonds issued after approval in a county-wide election, to pay the costs, in whole or in part, of the construction or maintenance of such public road.
(3)
In such contract, the municipality may agree to use any funds available for the construction and maintenance of roads in such municipality, together with any funds the municipality may collect pursuant to its power to assess any part of its share of the cost of such contract against abutting and adjoining property and the owners thereof according to the provisions of Chapter 39 of Title 36, as if the municipality were performing the work alone, unless the terms of such assessment shall be in violation of the municipality's charter, an ordinance of the municipality, or a general law of the state.
(4)
The work under such contract may be performed either by county or municipal forces or by a contractor employed by either or jointly.
Amended by 2018 Ga. Laws 437,§ 1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 2 - EXERCISE BY MUNICIPALITIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-110 — 32-4-123) › Section 32-4-113 - Limitations on power to contract; at least two estimates required for certain expenditures

(a)
A municipality is prohibited from negotiating a contract except a contract:
(1)
Involving the expenditure of less than $200,000.00;
(2)
With a state agency or political subdivision as authorized by Code Sections
32-4-111
and
32-4-112
;
(3)
With a railroad or railway company or a publicly or privately owned utility as authorized by Article 6 of Chapter 6 of this title;
(4)
For engineering or other kinds of professional or specialized services;
(5)
For emergency maintenance requiring immediate repairs to a public road, including but not limited to bridge repairs, snow and ice removal, and repairs due to flood conditions; or
(6)
Otherwise expressly authorized by law.
(b)
No contract involving an expenditure of more than $20,000.00 but less than $200,000.00 shall be awarded under this Code section without the submission of at least two estimates.
Amended by 2014 Ga. Laws 665,§ 4, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 2 - EXERCISE BY MUNICIPALITIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-110 — 32-4-123) › Section 32-4-114 - Required letting of contracts by public bid

Except as authorized by Code Section
32-4-113
, all contracts shall be let by public bid.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 2 - EXERCISE BY MUNICIPALITIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-110 — 32-4-123) › Section 32-4-115 - Advertising for bids

(a)
Notwithstanding any provision of Code Section
36-39-10
to the contrary, on all contracts to be let by public bid a municipality shall advertise for competitive sealed bids for at least two weeks. The public advertisement shall be inserted once a week in such newspapers wherein the county sheriff's sales are advertised or in such newspapers or other publications, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of the sealed bids, the second to follow one week after the publication of the first insertion.
(b)
Such advertisement shall include but not be limited to the following:
(1)
A description sufficient to enable the public to know the approximate extent and character of the work to be done;
(2)
The time allowed for performance;
(3)
The terms and time of payment;
(4)
Where and under what conditions and costs the detailed plans and specifications and proposal forms may be obtained;
(5)
The amount of the proposal guaranty, if one is required;
(6)
The time and place for submission and opening of bids;
(7)
The right of the municipality to reject any one or all bids; and
(8)
Such further notice as the municipality may deem advisable as in the public interest.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 2 - EXERCISE BY MUNICIPALITIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-110 — 32-4-123) › Section 32-4-116 - Payment by bidder to cover costs

A municipality may require each bidder to pay a reasonable sum sufficient to cover the cost to the municipality, where applicable, of the bid proposal form, the contract, and its specifications.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 2 - EXERCISE BY MUNICIPALITIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-110 — 32-4-123) › Section 32-4-117 - Proposal guaranty by bidder

(a)
A municipality may require that each bid on a particular contract, as a prerequisite to the bid being considered, be accompanied by a proposal guaranty in the form of a certified check or other acceptable security payable to the municipality for an amount deemed by the municipality in the public interest necessary to ensure that the successful bidder will execute the contract on which he bid.
(b)
Such proposal guaranty will be returned to a bidder upon receipt by the municipality of the bidder's written withdrawal of his bid if such receipt is before the time scheduled for the opening of bids. Upon the determination by the municipality of the lowest reliable bidder, the municipality will return proposal guaranties to all bidders except the proposal guaranty of the lowest reliable bidder. If no contract award is made within 30 days after the date set for the opening of bids, all bids shall be rejected and all proposal guaranties shall be returned unless the municipality and the successful bidder agree in writing to a longer period of time.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 2 - EXERCISE BY MUNICIPALITIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-110 — 32-4-123) › Section 32-4-118 - Award of contract to lowest reliable bidder; procedure upon rejection of bids

Notwithstanding any provisions of Code Section
36-39-11
to the contrary, where a contract has been let for bid, the municipality, by resolution entered in its minutes, shall award the contract to the lowest reliable bidder, provided that the municipality shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, may readvertise, perform the work itself, or abandon the project.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 2 - EXERCISE BY MUNICIPALITIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-110 — 32-4-123) › Section 32-4-119 - Bonds of successful bidder

Notwithstanding any provision of Chapter 91 of Title 36 to the contrary, where the contract price is $5,000.00 or more, no construction contract of a municipality, other than a contract solely for engineering or other professional services, shall be valid unless the contractor first gives:
(1)
A performance and payment bond which meets the requirements of Parts 1, 3, and 4 of Article 3 of Chapter 91 of Title 36; and
(2)
Such other bonds or insurance policies required by the municipality in its proposal forms, including but not limited to public liability and property damage insurance bonds or policies and bonds to maintain in good condition such completed construction for a period of not less than five years.
Amended by 2007 Ga. Laws 55,§ 5, eff. 7/1/2007.
Amended by 2001 Ga. Laws 261, § 8, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 2 - EXERCISE BY MUNICIPALITIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-110 — 32-4-123) › Section 32-4-120 - Failure to take bonds; liability of municipality

If the payment bond required by Code Section
32-4-119
is not taken, the municipality then shall be liable to subcontractors, laborers, materialmen, and other persons, as provided in Part 4 of Article 3 of Chapter 91 of Title 36, for losses to them resulting from failure to take such bond.
Amended by 2001 Ga. Laws 261, § 9, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 2 - EXERCISE BY MUNICIPALITIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-110 — 32-4-123) › Section 32-4-121 - Failure of successful bidder to sign contract or furnish bonds

If the successful bidder fails to sign the contract or furnish the bonds required under authority of Code Section
32-4-119
, his proposal guaranty, if one had been required by the municipality, will become the property of the municipality as liquidated damages. The contract then may be readvertised, or the project may be abandoned.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 2 - EXERCISE BY MUNICIPALITIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-110 — 32-4-123) › Section 32-4-122 - Oath by successful bidder

A successful bidder, before commencing the work, shall execute a written oath, as required by subsection (e) of Code Section
36-91-22
, stating that he has not violated such Code section which makes it unlawful to restrict competitive bidding.
Amended by 2001 Ga. Laws 2, § 32, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 4 - MUNICIPAL STREET SYSTEMS (§§ 32-4-90 — 32-4-123) › Part 2 - EXERCISE BY MUNICIPALITIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-110 — 32-4-123) › Section 32-4-123 - Other laws applicable to part

Except as indicated to the contrary in this part, Chapter 91 of Title 36 shall not apply to this part.
Amended by 2001 Ga. Laws 261, § 10, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 5 - FUNDS FOR PUBLIC ROADS (§§ 32-5-1 — 32-5-41) › Article 1 - FEDERAL FUNDS (§§ 32-5-1 — 32-5-2) › Section 32-5-1 - Receipt of federal-aid funds by state; department authorized to waive chapter provisions inconsistent with or contrary to federal laws, rules, or regulations

(a)
The state treasurer is designated a proper authority to receive any of the federal-aid funds apportioned by the federal government under 23 U.S.C. and to receive any other federal funds apportioned to the State of Georgia for public road and other public transportation purposes, unless designated otherwise by the federal government and except as such funds may be directed by the federal government to the State Road and Tollway Authority.
(b)
If any provisions of this chapter are inconsistent with or contrary to any laws, rules, regulations, or other requirements of the United States Department of Transportation or other federal agencies, the Georgia Department of Transportation is authorized and empowered to waive such provisions of this chapter in order to resolve any such inconsistency or conflict, it being the purpose of this chapter to enable the department to comply with any requirement of the federal government in order to procure all possible federal aid and assistance for the construction or maintenance of the public roads of Georgia and other public transportation purposes.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
Amended by 2001 Ga. Laws 389, § 1-4, eff. 4/30/2001.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 5 - FUNDS FOR PUBLIC ROADS (§§ 32-5-1 — 32-5-41) › Article 1 - FEDERAL FUNDS (§§ 32-5-1 — 32-5-2) › Section 32-5-2 - Appropriation of funds to department

All federal funds received by the state treasurer under Code Section
32-5-1
are continually appropriated to the department for the purpose specified in the grants of such funds except as such funds may be directed by the federal government to the State Road and Tollway Authority.
Amended by 2015 Ga. Laws 184,§ 2, eff. 7/1/2015.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
Amended by 2001 Ga. Laws 389, § 1-5, eff. 4/30/2001.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 5 - FUNDS FOR PUBLIC ROADS (§§ 32-5-1 — 32-5-41) › Article 2 - STATE PUBLIC TRANSPORTATION FUND (§§ 32-5-20 — 32-5-27.1) › Section 32-5-20 - "State Public Transportation Fund" defined

As used in this article, the term "State Public Transportation Fund" means that money the expenditures of which are controlled and supervised by the department by virtue of paragraph (2) of subsection (a) of Code Section
32-2-2
.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 5 - FUNDS FOR PUBLIC ROADS (§§ 32-5-1 — 32-5-41) › Article 2 - STATE PUBLIC TRANSPORTATION FUND (§§ 32-5-20 — 32-5-27.1) › Section 32-5-21 - Priority of expenditures from fund

Subject to the restrictions on expenditures imposed by Code Section
32-5-23
, the State Public Transportation Fund shall be expended by the department in the following order:
(1)
To pay the rentals on lease contracts entered into pursuant to the authority of the Constitution of Georgia;
(2)
To pay into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund the amount of the highest annual debt service requirements for an issue of guaranteed revenue debt for public road projects initiated pursuant to Code Section
32-10-67
, upon its issuance, when the guarantee of the specific issue has been authorized by an appropriation of moneys governed by Article III, Section IX, Paragraph VI(b) of the Constitution and the appropriation meets the requirements for such debt as provided by Article VII, Section IV, Paragraph III(b) of the Constitution;
(3)
To pay the costs of operating the department and for any emergencies or unusual situations;
(4)
To pay the costs necessary to comply with the conditions of federal-aid apportionments to the state for the planning, surveying, constructing, paving, and improving of the public roads in Georgia;
(5)
As directed from time to time by appropriations Acts; and
(6)
After the requirements set out in the foregoing provisions of this Code section have been met, the remainder of the State Public Transportation Fund to be expended to pay the costs of maintaining, improving, constructing, and reconstructing the public roads of the state highway system, for maintaining roads within and leading to state parks, and for constructing public roads by department forces.
Amended by 2009 Ga. Laws 340,§ 11, eff. 5/11/2009.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 5 - FUNDS FOR PUBLIC ROADS (§§ 32-5-1 — 32-5-41) › Article 2 - STATE PUBLIC TRANSPORTATION FUND (§§ 32-5-20 — 32-5-27.1) › Section 32-5-22 - Other expenditures from fund

Expenditures from the State Public Transportation Fund may be made, under such conditions as the department may provide, for streets, driveways, and parking areas located upon the property of and serving:
(1)
Public schools;
(2)
Colleges of the university system;
(3)
State agencies and governments of political subdivisions; and
(4)
Hospitals constructed with the assistance of financial grants from the federal government, authorized by Title 42, Chapter 6A, Subchapter IV, United States Code, as amended.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 5 - FUNDS FOR PUBLIC ROADS (§§ 32-5-1 — 32-5-41) › Article 2 - STATE PUBLIC TRANSPORTATION FUND (§§ 32-5-20 — 32-5-27.1) › Section 32-5-23 - Limitations on expenditures from fund

Notwithstanding Code Section
32-5-22
and except as expressly authorized elsewhere in this title, no funds from the State Public Transportation Fund shall be expended for the construction or maintenance of:
(1)
Private driveways, roads, or bridges; or
(2)
Public roads that have since been abandoned.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 5 - FUNDS FOR PUBLIC ROADS (§§ 32-5-1 — 32-5-41) › Article 2 - STATE PUBLIC TRANSPORTATION FUND (§§ 32-5-20 — 32-5-27.1) › Section 32-5-24 - [Repealed] Authorization of expenditure for public roads serving planned communities

Repealed by 2015 Ga. Laws 70,§ 2-6, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 5 - FUNDS FOR PUBLIC ROADS (§§ 32-5-1 — 32-5-41) › Article 2 - STATE PUBLIC TRANSPORTATION FUND (§§ 32-5-20 — 32-5-27.1) › Section 32-5-25 - Use of fund in regard to acquisition of rights of way

Whenever property is acquired under subsection (e) of Code Section
32-3-3
, all expenses of the acquisition thereof, including the purchase price and all direct and consequential damages awarded in any proceeding brought to condemn any such right of way, shall be paid by the county in which such right of way or portion thereof is situated. When such right of way or portion thereof lies within the limits of a municipality, acquisition expenses shall be paid by such municipality unless the county concerned agrees to procure such right of way on behalf of the municipality. However, nothing contained in this Code section shall prevent the department from using the State Public Transportation Fund to acquire such right of way, to pay any damage awarded on account of the location of any road that is a part of the state highway system, or to assist a county or municipality in so doing. Furthermore, nothing in this Code section shall be construed to authorize an expenditure from the State Public Transportation Fund for the procurement of a right of way for a road to be constructed on a county road system or municipal street system except as otherwise provided by law or by agreement between the federal government and the department.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 5 - FUNDS FOR PUBLIC ROADS (§§ 32-5-1 — 32-5-41) › Article 2 - STATE PUBLIC TRANSPORTATION FUND (§§ 32-5-20 — 32-5-27.1) › Section 32-5-26 - Reimbursement of counties and municipalities in regard to acquisition of rights of way

The department shall be required to reimburse any county or municipality of this state the sums actually expended by it in accordance with subsection (e) of Code Section
32-3-3
where construction on the right of way so acquired by the county or municipality has not been begun within ten years from the date title to such right of way was acquired in the name of the department.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 5 - FUNDS FOR PUBLIC ROADS (§§ 32-5-1 — 32-5-41) › Article 2 - STATE PUBLIC TRANSPORTATION FUND (§§ 32-5-20 — 32-5-27.1) › Section 32-5-27.1 - Ten-Year Strategic Plan

(a)
In addition to the requirements contained in Code Section
32-5-27
, the department shall annually prepare and submit to the General Assembly, for approval by the Senate Transportation Committee and the House Committee on Transportation, a ten-year strategic plan that outlines the use of department resources for the upcoming fiscal years.
(b)
The Senate Transportation Committee and the House Committee on Transportation shall approve the plan and may make recommendations to the Senate Appropriations Committee and the House Committee on Appropriations for their consideration in developing the budget.
(c)
Such plan shall identify at least the following categories and establish a target percentage of resources to be expended and the respective fund sources in each of the following areas:
(1)
Construction of new highway projects;
(2)
Maintenance of existing infrastructure;
(3)
Bridge repairs and replacement;
(4)
Safety enhancements; and
(5)
Administrative expenses.
(d)
Priority shall be given to expenditure of available resources for maintenance, expansion, and improvement of highway infrastructure in the areas of this state most impacted by traffic congestion and to areas of this state in need of highway infrastructure to aid in attracting economic development to the area.
(e)
Such plan shall also bring forward all efficiencies found within the bureaucracy of the department and how those funds have been redirected to road construction.
Added by 2015 Ga. Laws 46,§ 2-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 5 - FUNDS FOR PUBLIC ROADS (§§ 32-5-1 — 32-5-41) › Article 3 - ALLOCATION OF FUNDS (§§ 32-5-30 — 32-5-31) › Section 32-5-31 - Duty of board to submit yearly report; requirements of report

In each calendar year, the board shall provide to the Governor, Lieutenant Governor, and Speaker of the House of Representatives a written report detailing the allocation of funding obligations among congressional districts pursuant to Code Section
32-5-30
for the fiscal year ending June 30 of that same calendar year. Such report shall include without limitation the annual funding obligations and the projected expenditures of funds for the five-year period and any and all documents or information indicating how the department intends to allocate the applicable state and federal funds among congressional districts as required by Code Section
32-5-30
or a detailed explanation of why the department is unable to allocate such funds as required.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 5 - FUNDS FOR PUBLIC ROADS (§§ 32-5-1 — 32-5-41) › Article 4 - [GEORGIA FREIGHT 2050 PROGRAM] (§§ 32-5-40 — 32-5-41) › Section 32-5-40 - [Legislative findings and declarations]

The General Assembly finds, determines, and declares that:
(1)
The safe, effective, efficient, and expedient movement of people and goods are essential to the economic and overall well-being of Georgia and her citizens;
(2)
Georgia's geographic location and transportation assets have made it a leader for freight and logistics transportation;
(3)
Continued freight growth and the corresponding investments to support, sustain, and integrate that growth are critical to Georgia's future opportunities and prosperity;
(4)
The freight transportation network and the general population transportation network are intertwined and interdependent parts of the state's transportation system; and
(5)
A fund established within the department to accumulate moneys from designated sources, subject to appropriation, to be utilized for the planning, designing, improving, constructing, reconstructing, and maintaining of the state's transportation freight network is necessary for growing and maintaining the state's important freight network assets.
Added by 2024 Ga. Laws 579,§ 5, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 5 - FUNDS FOR PUBLIC ROADS (§§ 32-5-1 — 32-5-41) › Article 4 - [GEORGIA FREIGHT 2050 PROGRAM] (§§ 32-5-40 — 32-5-41) › Section 32-5-41 - [Georgia Freight 2050 Program]

(a)
There is created the Georgia Freight 2050 Program which shall be administered by the department to enhance the state's investment in the state-wide transportation freight network. The Georgia Freight 2050 Program shall fund and support projects and programs included in the freight plans identified in Code Section 32-2-41.4, including, but not limited to, system safety improvements, operation and maintenance of the transportation system, intermodal or multimodal connectivity improvements, and capacity enhancement projects.
(b)
The Georgia Freight 2050 Program shall prioritize capacity enhancement projects, including, but not limited to, the following:
(1)
Widening of interstates;
(2)
Widening of noninterstate arterial roads;
(3)
Interchange, intersection, and other operational improvements;
(4)
Intermodal or multimodal capacity enhancements;
(5)
Railroad crossing access and safety improvements;
(6)
Commercial motor vehicle parking and safety improvements;
(7)
Projects located in an international ocean trade zone, an inland port zone, or a commercial and industrial impact zone as described in subsection (d) of Code Section 32-2-41.4; and
(8)
Projects of significant economic impact.
(c)
The Georgia Freight 2050 Program shall utilize federal funds authorized under
23 U.S.C. Section 167
and any state funds appropriated for the purpose of matching such federal funds.
(d)
It is the intent of the General Assembly that moneys collected from the use of and impact on the state-wide transportation network be appropriated to the Georgia Freight 2050 Program.
(e)
The provisions of this Code section shall be subject to appropriation by the General Assembly.
Added by 2024 Ga. Laws 579,§ 5, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 1 - GENERAL PROVISIONS (§§ 32-6-1 — 32-6-6) › Section 32-6-1 - Obstructing, encroaching on, or injuring public roads

(a)
It shall be unlawful for any person to obstruct, encroach upon, solicit the sale of any merchandise on, or injure materially any part of any public road. For purposes of this Code section, the term "obstruct" shall include without limitation the causing of any buildup of rock, gravel, mud, dirt, chemicals, or other materials by continued ingress or egress of vehicles or of any natural waters dammed or redirected by diversion to an extent which presents a hazard to the traveling public.
(b)
Any person who unlawfully obstructs, encroaches upon, or injures said public road shall be responsible for reimbursing the Department of Transportation or the applicable local governing authority in the case of a road which is part of a county road system or municipal street system for the costs of removal of said obstructions or encroachments and the costs of repairs to the public road incurred by such department or local governing authority, including any costs associated with traffic management; provided, however, that such costs shall be limited to those costs which are directly incurred from such damages. Costs incurred for traffic management may include, but not be limited to, costs incurred for flagging, signing, or provision of detours, provided that these activities are directly caused by the obstruction, encroachment, or injury to the public road system. The court may, in addition to any other sentence authorized by law, order a person convicted of violating this Code section to make such restitution for the offense.
(c)
Nothing in this Code section shall abridge or limit any authority provided by law for the installation and operation of vending machines at welcome centers, tourist centers, and safety rest areas. Nothing in this Code section shall limit in any way the department's authority to lease property to state or federal agencies, counties, or municipalities as provided for in Code Section
32-7-5
, or limit the Department of Transportation's ability to grant a license to any utility or railroad corporation as defined in Code Section
46-1-1
.
Amended by 2002 Ga. Laws 917, § 4, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 1 - GENERAL PROVISIONS (§§ 32-6-1 — 32-6-6) › Section 32-6-4 - Removal of natural or manmade obstructions, cargo, or personal property during state of emergency

State or local law enforcement officers, including fire department officials, and the department are authorized, upon the issuance of an executive order by the Governor declaring a state of emergency, with or without the consent of the owner, to remove or have removed any natural or manmade obstruction, cargo, or other personal property which is abandoned, unattended, or damaged and the law enforcement officer or the department determines such object to be a threat to public health or safety or to be contributing to traffic congestion. Any person, contractor, towing service, or other entity that is removing an obstruction, cargo, or other personal property pursuant to the instruction of a law enforcement officer, an official of a fire department acting under the authority of paragraph (1) of Code Section
25-3-1
or paragraph (3) of Code Section
25-3-2
, or the department, and under the provisions of this Code section, shall be liable for damage or harm at the location where the obstruction, cargo, or other personal property was left abandoned or unattended, only when the person, contractor, towing service, or other entity was grossly negligent in the performance of his or her assigned duties; provided, however, nothing in this Code section shall limit liability for any damage or harm caused at a location different from the location where the obstruction, cargo, or other personal property was left abandoned or unattended.
Added by 2011 Ga. Laws 192,§ 8, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 1 - GENERAL PROVISIONS (§§ 32-6-1 — 32-6-6) › Section 32-6-5 - Closure of or limiting access to roads due to declared state of emergency for inclement weather conditions; exception for certain vehicle operators

(a)
The department may close or limit access to any portion of road on the state highway system due to a declared state of emergency for inclement weather conditions that results in dangerous driving conditions. There shall be erected or posted signage of adequate size indicating that a portion of the state highway system has been closed or access has been limited. When the department determines a road shall have limited access due to a declared state of emergency for inclement winter weather conditions, notice shall be given to motorists through posted signage that motor vehicles must be equipped with tire chains, four-wheel drive with adequate tires for existing conditions, or snow tires with a manufacturer's all weather rating in order to proceed. Such signage shall inform motorists that it shall be unlawful to proceed on such road without such equipment. With the exception of buses, operators of commercial motor vehicles as defined by Code Section
40-1-1
with four or more drive wheels traveling on a road declared as limited access due to a declared state of emergency for inclement winter weather conditions shall affix tire chains to each of the outermost drive wheel tires. Bus and motor coach operators shall affix tire chains to at least two of the drive wheel tires before proceeding on a road with limited access due to a declared state of emergency for inclement winter weather conditions. For purposes of this Code section, the term "tire chains" means metal chains which consist of two circular metal loops, positioned on each side of a tire, connected by not less than nine evenly spaced chains across the tire tread or any other traction devices as provided for by rules and regulations of the commissioner of public safety.
(b)
A driver of a motor vehicle who causes an accident or blocks the flow of traffic while failing to comply with the requirements of subsection (a) of this Code section when access is limited on the state highway system due to a declared state of emergency for inclement weather conditions shall be fined up to $1,000.00.
(c)
This Code section shall not apply to a tow operator towing a motor vehicle or traveling to a site from which a motor vehicle shall be towed or to emergency responders traveling the roadway in order to fulfill their duties.
Amended by 2014 Ga. Laws 638,§ 1, eff. 7/1/2014.
Added by 2012 Ga. Laws 773,§ 6, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 1 - GENERAL PROVISIONS (§§ 32-6-1 — 32-6-6) › Section 32-6-6 - Camping on roadways; penalty

(a)
For purposes of this Code section, the term "camping" means temporary habitation outdoors as evidenced by one or more of the following actions: the erection or use of tents or other shelters; the laying down of sleeping bags, blankets, or other materials used for bedding; the placing or storing of personal belongings; the making of a fire; or the act of cooking.
(b)
It shall be unlawful for any person to knowingly use any portion of road on the state highway system or any property owned by the department for camping.
(c)
Nothing in this Code section shall prohibit the normal, customary, and temporary use of safety rest areas, welcome centers, tourist centers, and other property of the department or state highway system specifically designated for purposes of resting, sleeping, eating, or other similar activities by persons traveling by vehicle.
(d)
This Code section shall not apply to state or local government officials or employees acting in their official capacity and while performing activities as part of their official duties and shall not apply to any employee of a contractor or subcontractor performing duties under a contract with the department.
(e)
Any person convicted of violating this Code section shall be guilty of a misdemeanor.
Added by 2018 Ga. Laws 407,§ 5, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 2 - DIMENSIONS AND WEIGHT OF VEHICLES AND LOADS (§§ 32-6-20 — 32-6-31) › Section 32-6-20 - General restrictions

No vehicle or load shall be operated or moved upon the public roads of Georgia if a dimension or the weight of such vehicle or load exceeds the limitations specified in Code Sections
32-6-22
through
32-6-24
or in Code Section
32-6-26
unless exempted in Code Section
32-6-25
or authorized to do so by a permit issued pursuant to Code Section
32-6-28
.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 2 - DIMENSIONS AND WEIGHT OF VEHICLES AND LOADS (§§ 32-6-20 — 32-6-31) › Section 32-6-21 - Redesignated

Renumbered as § 40-6-248.1 by 2006 Ga. Laws 538,§ 3-9, eff. 7/1/2006.
Amended by 2002 Ga. Laws 953, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 2 - DIMENSIONS AND WEIGHT OF VEHICLES AND LOADS (§§ 32-6-20 — 32-6-31) › Section 32-6-22 - Height of vehicles and loads

(a)
Except as authorized in subsection (b) of this Code section and except when so authorized by a permit issued pursuant to Code Section
32-6-28
, no vehicle unladen or with a load shall exceed a height of 13 feet, six inches.
(b)
On highways which constitute a part of The Dwight D. Eisenhower System of Interstate and Defense Highways as such term is used in
23 U.S.C. Section 127
and ramps or service streets which provide reasonable access thereto, no vehicle transporting motor vehicles (commonly known as automobile carriers) unladen or with a load shall exceed a height of 14 feet.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 2 - DIMENSIONS AND WEIGHT OF VEHICLES AND LOADS (§§ 32-6-20 — 32-6-31) › Section 32-6-23 - Width of vehicles and loads

Unless otherwise provided in this Code section or exempted in Code Section
32-6-25
or so authorized by a permit issued pursuant to Code Section
32-6-28
, no vehicle shall exceed a total outside width, including any load thereon, of 102 inches, exclusive of mirrors and accessories attached thereto, when operated on any street, road, or highway.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 2 - DIMENSIONS AND WEIGHT OF VEHICLES AND LOADS (§§ 32-6-20 — 32-6-31) › Section 32-6-25 - Exemptions for farming, agricultural, and forest management equipment

The limitations of Code Section
32-6-23
as to width and of Code Section
32-6-24
as to length shall not apply to the following loads and vehicles, which may exceed such limitation without a permit: farming or agricultural equipment or forest management equipment, whether self-propelled or being hauled, when such vehicle or equipment is being operated during daylight hours upon a public road not part of The Dwight D. Eisenhower System of Interstate and Defense Highways by dealers or by the owner thereof or his agent within a radius of 40 miles of the property of the dealer or owner. The foregoing exemptions do not apply to vehicles hauling or transporting forest products.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 2 - DIMENSIONS AND WEIGHT OF VEHICLES AND LOADS (§§ 32-6-20 — 32-6-31) › Section 32-6-25.1 - Exemptions for port vehicles used to transport cargo or containers

The limitations of Code Section
32-6-23
as to width and of Code Section
32-6-24
as to length shall not apply to the following loads and vehicles, which may exceed such limitation without a permit: Any vehicle or equipment used for transporting cargo or containers between and within wharves, storage areas, or terminals within the facilities of any port under the jurisdiction of the Georgia Ports Authority when such vehicle or equipment is being operated upon any public road not part of The Dwight D. Eisenhower System of Interstate and Defense Highways by the owner thereof or his or her agent within a radius of ten miles of the port facility of origin and accompanied by an escort vehicle equipped with one or more operating amber flashing lights that are visible from a distance of 500 feet.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 2 - DIMENSIONS AND WEIGHT OF VEHICLES AND LOADS (§§ 32-6-20 — 32-6-31) › Section 32-6-29 - [Effective Until 7/1/2025] Responsibility of the Department of Transportation; responsibility of the Department of Public Safety

(a)
The Department of Transportation shall be responsible for rules and regulations relating to size and weight limits and issuance of permits under this article.
(b)
The Department of Transportation shall not, however, employ any law enforcement officers or agents except as may be specifically authorized by other laws. Law enforcement responsibility for enforcement of this article shall be in the Department of Public Safety and with any local law enforcement officer authorized to enforce laws relating to motor vehicles and traffic upon the road or bridge on which a vehicle is traveling.
Amended by 2023 Ga. Laws 333,§ 4, eff. 5/3/2023, exp. 7/1/2025.
Amended by 2005 Ga. Laws 68,§ 12-3, eff. 7/1/2005.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 2 - DIMENSIONS AND WEIGHT OF VEHICLES AND LOADS (§§ 32-6-20 — 32-6-31) › Section 32-6-29 - [Effective 7/1/2025] Responsibility of the Department of Transportation; responsibility of the Department of Public Safety

(a)
The Department of Transportation shall be responsible for rules and regulations relating to size and weight limits and issuance of permits under this article.
(b)
The Department of Transportation shall not, however, employ any law enforcement officers or agents except as may be specifically authorized by other laws. Law enforcement responsibility for enforcement of this article shall be in the Department of Public Safety.
Amended by 2023 Ga. Laws 333,§ 4, eff. 5/3/2023, exp. 7/1/2025.
Amended by 2005 Ga. Laws 68,§ 12-3, eff. 7/1/2005.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 2 - DIMENSIONS AND WEIGHT OF VEHICLES AND LOADS (§§ 32-6-20 — 32-6-31) › Section 32-6-30 - [Effective 7/1/2025] Stopping vehicles for purposes of weighing, measuring, or inspecting; reports of violations; refusal to stop

(a)
Any law enforcement officer or employee of the Department of Public Safety to whom law enforcement authority has been designated who observes a motor vehicle being operated upon a public road of the state and who has reason to believe that:
(1)
Any provision of this article is being violated;
(2)
The vehicle is improperly licensed in violation of Code Sections
40-2-150
through
40-2-162
; or
(3)
A fuel tax registration card is not being carried or that a proper distinguishing identification marker is not affixed to the vehicle in violation of Code Section
48-9-39
is authorized to stop such vehicle and weigh, measure, or inspect the same. Violations of such licensing or fuel tax registration and identification requirements shall be reported to the Department of Revenue.
(b)
(1)
If the operator of the vehicle shall refuse to stop upon proper order as directed by a person authorized by subsection (a) of this Code section to stop, weigh, measure, or inspect the vehicle or its load, the operator shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $200.00. The operator shall have the right to post an appropriate bond, which shall not exceed $400.00, when any law enforcement officer or employee of the Department of Public Safety authorized to enforce this article apprehends said operator for any violation of this article.
(2)
In addition, the operator's driver's license or nonresident's driving privilege may be suspended for a period of not more than 90 days by the Department of Driver Services upon satisfactory proof of said refusal to stop or drive the vehicle upon the scales. Each person who shall apply for a Georgia driver's license, or for nonresident driving privileges, or for a renewal of same thereby consents to stop such vehicle for inspection or to drive such vehicle upon scales whenever so ordered by a law enforcement official or authorized employee of the Department of Public Safety.
Amended by 2023 Ga. Laws 333,§ 5, eff. 5/3/2023, exp. 7/1/2025.
Amended by 2007 Ga. Laws 18,§ 32, eff. 5/11/2007.
Amended by 2005 Ga. Laws 68,§ 12-4, eff. 7/1/2005.
Amended by 2002 Ga. Laws 898, §§ 5, 5, eff. 7/1/2002.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 2 - DIMENSIONS AND WEIGHT OF VEHICLES AND LOADS (§§ 32-6-20 — 32-6-31) › Section 32-6-31 - Construction of Code Sections 32-1-10, 32-6-26, 32-6-27, and 32-6-29

The provisions of Code Sections
32-1-10
,
32-6-26
,
32-6-27
, and
32-6-29
shall not, and shall not be construed to, modify, change, or diminish any power or duty held by any other law enforcement unit, enforcement officer, or peace officer.
Amended by 2002 Ga. Laws 462, § 32, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 6 - REGULATION OF MAINTENANCE AND USE OF PUBLIC ROADS GENERALLY (§§ 32-6-1 — 32-6-248) › Article 3 - CONTROL OF SIGNS AND SIGNALS (§§ 32-6-50 — 32-6-97) › Part 1 - PUBLIC ROADS GENERALLY (§§ 32-6-50 — 32-6-52) › Section 32-6-52 - Displays of nudity or sexual conduct on outdoor advertising visible from roadway prohibited; penalty

(a)
As used in this Code section, the term:
(1)
"Nudity" means the displaying of any portion of the human female breast below the top of the areola or the displaying of any portion of any human's pubic hair, anus, vulva, or genitals.
(2)
"Outdoor advertising" means any commercial advertisement displayed outdoors by means of billboards or signs.
(3)
"Sexual conduct" means acts of sexual intercourse, masturbation, sodomy, or fondling of a human's clothed or unclothed genitals, pubic area, buttocks, or, if the human is female, breast.
(b)
The General Assembly finds and declares that outdoor advertising containing depictions of nudity or sexual conduct which are visible from the roadways of public roads may be startling or provocative and thereby divert the attention of motor vehicle drivers, thus causing real and substantial hazards to traffic safety. The General Assembly further declares that the purpose of this Code section is to protect the public welfare and safety against such hazards.
(c)
No person shall display any outdoor advertising containing any depiction of nudity or sexual conduct when such depiction is visible from the roadway of any public road in the state highway system as defined in Code Section
32-4-1
.
(d)
(1)
Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $1,000.00.
(2)
Each day during which outdoor advertising is displayed in violation of subsection (c) of this Code section shall constitute a separate offense.
Added by 2006 Ga. Laws 727,§ 2, eff. 5/3/2006.
See 2006 Ga. Laws 727, § 7.