§ 35-2-102. Weight Inspector Positions; Training; Powers and Responsibilities; Presence of Certified Peace Officer

1. The commissioner is authorized to establish a position to be known as “weight inspector” within the Motor Carrier Compliance Enforcement Section of the Department of Public Safety. Weight inspectors shall be assigned to fixed scales facilities and shall not be authorized to operate outside such facilities. The number of such positions shall be determined by the commissioner within the limits set by available appropriations. Weight inspectors may be divided into such ranks as the commissioner deems appropriate.
2. The commissioner shall ensure that a weight inspector is properly trained regarding laws governing commercial motor vehicle weight, registration, size, and load, including, but not limited to, commercial motor vehicle provisions in Article 2 of Chapter 6 of Title 32 and safety standards for commercial motor vehicles and such motor vehicle components. The training required in the areas required by this subsection shall be equivalent to training provided to certified officers in the Motor Carrier Compliance Enforcement Section.
3. A weight inspector, at the fixed scales facility, shall be authorized to:
   1. Enforce noncriminal provisions relating to commercial motor vehicle weight, registration, size, and load and assess a civil penalty for a violation of such provisions; and
   2. Detain a commercial motor vehicle that:
      1. Has a safety defect which is critical to the continued safe operation of the vehicle;
      2. Is being operated in violation of any criminal law; or
      3. Is being operated in violation of an out-of-service order as reported on the federal Safety and Fitness Electronic Records data base.

         The detention authorized by this paragraph shall be for the purpose of contacting a certified member of the Motor Carrier Compliance Enforcement Section or Georgia State Patrol. A certified officer shall report to the scene of a detained vehicle and take any further action deemed appropriate including completing the inspection and investigation, making an arrest, or bringing criminal or civil charges.

4. At all times while a weight inspector is on duty, there shall be a supervisor over the weight inspector also on duty who shall be a certified peace officer.

History. Code 1981, § 35-2-102 , enacted by Ga. L. 2009, p. 122, § 2/HB 343; Ga. L. 2012, p. 580, § 7/HB 865; Ga. L. 2021, p. 625, § 5/HB 479.

The 2021 amendment, effective May 10, 2021, deleted the former first sentence of subsection (d), which read: “A weight inspector is not a peace officer and shall not be authorized to carry a firearm or exercise any power of arrest other than a citizen’s arrest in accordance with Code Sections 17-4-60 and 17-4-61.” See Editor’s notes for applicability.

Editor’s notes.

Ga. L. 2021, p. 625, § 8/HB 479, not codified by the General Assembly, provides, in part, that: “This Act shall not apply to rights and duties that matured, penalties that were incurred, or proceedings that were begun before the effective date of this Act.” This Act became effective May 10, 2021.

Law reviews.

For article, “HB 479: Repeal of Georgia’s Citizen’s Arrest Law,” see 38 Ga. St. U.L. Rev. 25 (2021).