Designation of Special or Exclusive Use Travel Lanes; Use of Such Lanes

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  1. The department is authorized to designate travel lanes in each direction of travel on any road in the state highway system for the exclusive or preferential use of:
    1. Buses;
    2. Motorcycles;
    3. Passenger vehicles occupied by two persons or more;
    4. Vehicles bearing alternative fueled vehicle license plates issued under paragraph (5) of subsection (a) of Code Section 40-2-38 or paragraph (7) of subsection (l) of Code Section 40-2-86.1; or
    5. Other vehicles as designated by the department.

      Where such designation has been made, the road shall be appropriately marked with such signs or other roadway markers and markings to inform the traveling public of the lane restrictions imposed.

  2. No driver of any vehicle not authorized to be operated in a lane designated and signed for exclusive use shall operate such vehicle in such lane except to execute turning movements or in an emergency situation. Any person who violates this subsection shall be guilty of a misdemeanor, punishable as provided for in Code Section 40-6-54.
  3. No traffic lane shall be designated and signed for exclusive use pursuant to subsection (a) of this Code section without the approval of the State Transportation Board.
  4. The department is authorized to promulgate necessary rules and regulations in order to carry out the purposes of this Code section.

(a.1)Upon approval through either legislative action in the United States Congress or regulatory action by the United States Department of Transportation to permit hybrid vehicles with fewer than two occupants to operate in a high occupancy vehicle lane, the department shall authorize hybrid vehicles, as defined in Code Section 40-2-76, to use the travel lanes designated for such vehicles as provided in paragraph (4) of subsection (a) of this Code section.

(Code 1933, § 95A-1304, enacted by Ga. L. 1977, p. 817, § 2; Ga. L. 1993, p. 363, § 1; Ga. L. 1997, p. 1589, § 1; Ga. L. 2003, p. 450, § 2; Ga. L. 2010, p. 9, § 1-61/HB 1055; Ga. L. 2019, p. 486, § 1/SB 227.)

The 2019 amendment, effective May 2, 2019, inserted "paragraph (5) of subsection (a) of Code Section 40-2-38 or" in the middle of paragraph (a)(4).

Cross references.

- Further provisions regarding designation of travel lanes and operation of vehicles within lanes, §§ 40-6-24,40-6-48.

RESEARCH REFERENCES

ALR.

- Validity of restrictions as to points at which jitney bus passengers may be taken on and discharged, 6 A.L.R. 110.

Validity and applicability of statutes relating to use of highway by private motor carriers and contract motor carriers for hire, 175 A.L.R. 1333.


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