For New Years Day, 2010, here's a very special present from the State of Georgia to those who drive on Georgia's roads and highways...



Yes, that's right, y'all... it's the new "SUPER SPEEDER" LAW!!! (Georgia Code 40-6-189)

Not content with your average run-of-the-mill speeder, Georgia has decided that it will recognize those speeders who go waaayyyy above and beyond the posted speed limits on our roads and highways.

For "super speeders" on 2-lane highways who travel at or above 75 MPH (120 km/h), or those on 4-lane highways who travel at or above 85 MPH (approximately 140 km/h), they will have the privilege of forking over an additional $200.00 to the State of Georgia (in addition to the fines otherwise imposed by local authorities where said offense occurs).

The additional $200.00 per "super speeder" violation is to be used to fund a statewide trauma care system.

Here's the full text of the new "super speeder" law from the Georgia Code (Source: LexisNexis Georgia Code website)...

§ 40-6-189.  (Effective January 1, 2010)Classification as super speeder; fees; funding for trauma care system.

   (a) As used in this Code section, the term"department" means the Department of Driver Services.

(b) In addition to any other fines or penalties imposed by any local jurisdiction or the department, the department shall administer and collect a fee of $200.00 from any driver who is convicted of driving at a speed of 85miles per hour or more on any road or highway or 75 miles per hour or more on any two-lane road or highway, as defined in Code Section 40-6-187. Such a driver, upon conviction, shall be classified as a "super speeder."

(c) The department shall notify offenders of the imposition of a fee under this Code section within 30 days after receipt of a qualifying ticket and notice of conviction. Failure to pay the fee imposed by this Code section within 90 days after receipt of the notice shall result in the suspension of the driver's license or driving privileges of the offender, and, in addition to the existing fees and penalties, a fee of $50.00 shall be assessed, payable upon the application for reinstatement of the driver's license or driving privileges. Notice shall be provided by the department to the offender by first-class mail to the address shown on the records of the department. Such mailed notice shall be adequate notification of the fee imposed by this Code section and of the offender's ability to avoid a driver's license suspension by paying the fee prior to the effective date of the suspension. No other notice shall be required to make the driver's license suspension effective.

(d) The department shall be authorized to promulgate rules and regulations to implement the provisions of this Code section.

(e) All fees collected under the provisions of this Code section shall be deposited in the general fund of this state with the intent that these moneys be used to fund a trauma care system in Georgia and the direct and indirect costs associated with the administration of this Code section. The Office of Treasury and Fiscal Services shall separately account for all of the moneys received under the provisions of this Code section.

HISTORY: Code 1981, § 40-6-189,enacted by Ga. L. 2009, p. 679, § 11/HB 160.

If you look at section (e) of the above law, it says, in part, "with the intent that these moneys be used to fund a trauma care system in Georgia". While there may be an "intent", it does not (in my "legal layman's" opinion) mean that "these moneys" necessarily will be used for their intended purposes (trauma center funding). I would've written the first sentence to read as follows...

 "All fees collected under the provisions of this Code section shall be deposited in the general fund of this state and that these moneys shall be used to fund a trauma care system in Georgia and the direct and indirect costs associated with the administration of this Code section."

IMHO, the wording of section (e) "as is" gives our elected officials just enough "wiggle room" to use the "super speeder" funds for anything that they wish to use it for, such as a museum that no one would visit... or perhaps something even more ludicrous like a "super speeder"-funded fruitcake statue for Downtown Claxton (PLEASE NOTE: The fruitcake statue is just a made-up example and is not meant to disrespect the City of Claxton and/or its residents).

Now that we've seen what the State of Georgia has given us for New Year's Day, I'm convinced that it just seems to be another source of funding so that the state could get a "piece of the action" from some speeding tickets. While I believe that it is noble to crack down on those who grossly speed, thus putting both others and themselves in danger, I, as a Georgia taxpayer, am not quite satisfied with the current wording in terms of how the extra $200.00 per "super speeder" may be used. Perhaps our elected officials can take a little time in the upcoming 2010 Georgia General Assembly session to close this loophole and assure all of us that the funds will unequivocally be used to fund a quality statewide trauma care network.

That's it for now. Thanks for reading and please come back again.

 

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