Executive order, 1996 May 29

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THE STATE OF GEORGIA
EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS:

The Georgia Department of Transportation is authorized by law, specifically O.C.G.A. 32-9-4(a), to designate travel lanes in each direction of travel on any road in the state highway system for the exclusive or preferential use of buses, motorcycles, or passenger vehicles occupied by two or more persons or as designated by the department; and
Pursuant to this authority, the department has designated certain travel lanes on Georgia's state highway system as "High Occupancy Vehicle" (HOY) lanes; and
The Commissioner of Transportation is authorized by law, specifically O.C.G.A. 32-6-29(b), to appoint enforcement officers who shall have, in addition to any powers or duties created by any other law, certain powers expressly enumerated in said Code section as well as the full authority of peace officers while in the performance of these specified duties; and
O.C.G.A. 32-6-29(b)(8) specifically provides Department of Transportation enforcement officers with the authority "[t]o enforce any state law when ordered to do so by the Governor"; and
The Attorney General opined in 1978 Op. Att'y Gen. No. 78-73 that the arrest powers conferred upon Department of Transportation enforcement officers are limited to those specific crimes or violations of law enumerated by statute, and that departmental enforcement officers would be authorized to enforce any other state laws as may be specified by the Governor upon the issuance of an executive order.
NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, PARTICULARLY BY VIRTUE OF THE PROVISIONS CONTAINED IN O.C.G.A. 32-6-29(b)(8), IT IS HEREBY
DECEIVED
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'!GA LIBRARIES

ORDERED: ORDERED:

That enforcement officers properly appointed by the Commissioner of Transportation shall have the authority to enforce the travel restrictions on those travel lanes designated for the exclusive use by buses, motorcycles, or passenger vehicles occupied by two or more persons, otherwise known as HOV lanes, including the issuance of citations for any and all violations of O.C.G.A. 32-9-4 and 40-6-54.
IT IS FURTHER
That the authorization provided in this Order for Department of Transportation enforcement officers is limited to the enforcement of travel restrictions on designated HOV lanes and does not extend to the enforcement of any other law unless such enforcement is otherwise authorized by O.C.G.A. 32-6-29(b) or any other law of the State of Georgia.

ATTEST: