Title 40, Chapter 6, Section 9
( 40-6-9)
(a) As used in this Code section, the term "speed limits" shall be
construed to refer to and include stop lights, stop signs, slow
signs, yield signs, and any and every other light, device, or sign
which may be used to impede, slow, stop, or regulate the speed of
motor vehicles on the public highways. (b) Any provisions of this chapter to the contrary notwithstanding,
whenever any complaint is made to the Governor that any speed limit
established by any county or municipal authority is arbitrary or
unreasonable, or upon any complaint being made to the Governor that
any speed limit established by the state or by any county or
municipal governing authority is being enforced primarily for the
collection of revenue rather than for purposes of public safety, the
Governor may, in his discretion, direct that an investigation and
any necessary studies be commenced by the commissioner of public
safety or his delegate who shall make a report thereon together with
his recommendations as to whether the state should suspend the
authority of the applicable local county or municipal governing
authorities to enforce speed limits upon any state and federal
highways lying within the jurisdiction of such authorities. Upon
receipt of a report accompanied by recommendations that the power to
enforce speed limits be restricted, the Governor shall furnish a
copy of such report to the local authorities affected thereby,
together with notice of hearing on the allegations of the report
made by the commissioner of public safety or his delegate. Such
hearing may be held at such time and such place as may be determined
by the Governor but shall not be held less than ten days after
notice to the local governing authorities. Such hearing shall be
conducted before a board to be composed of the Governor, the
Secretary of State, and an appointee of the Governor who is not the
Attorney General who shall be reimbursed for the actual and
necessary expenses pertaining to their services on the board but who
shall receive no other additional compensation for their services
thereon. Upon determination by the board that the speed limits
established by the county or municipal governing authorities against
whom complaint has been brought are either unreasonable or that
speed limits are being primarily enforced for the collection of
revenue rather than for purposes of public safety, the Governor
shall issue his executive order suspending the power of such local
governing authority to enforce speed limits on state or federal
highways lying within its jurisdiction or on any particular such
highway. In the event that this power is suspended, the Governor
shall direct the commissioner of public safety to enforce the speed
limits on such highways. (c) At intervals of not less than six months, any governing
authority affected by subsection (b) of this Code section and by an
executive order issued in accordance with subsection (b) of this
Code section may, upon a change of circumstances being shown to the
Governor, petition the Governor for reconsideration, whereupon the
Governor, in his discretion, may direct the commissioner of public
safety or his delegate to inquire into such change of circumstances
and report the same to him together with any recommendations for
modification of the Governor's previous order; and the Governor, in
his discretion, may order a new hearing on the matter before the
board or may, without hearing, modify or revoke his previous
executive order.
(d) Any provisions of this chapter to the contrary notwithstanding,
when any complaint is made to the Governor that any traffic law,
ordinance, or regulation, other than speed regulations for which
provision has been made in subsection (b) of this Code section,
established by any county or municipal authority is arbitrary or
unreasonable, or upon any complaint being made to the Governor that
any traffic law, ordinance, or regulation established by the state
or by any county or municipal governing authority, other than speed
regulations for which provision has been made in subsection (b) of
this Code section, is being enforced primarily for the collection of
revenue rather than for purposes of public safety, the Governor may,
in his discretion, direct that an investigation and any necessary
studies be commenced by the commissioner of public safety or his
delegate who shall make a report thereon together with his
recommendations as to whether the state should suspend the authority
of the applicable local county or municipal governing authorities to
enforce traffic laws, ordinances, or regulations upon any state and
federal highways lying within the jurisdiction of such authorities.
Upon receipt of a report accompanied by recommendations that the
power to enforce traffic laws, ordinances, and regulations be
restricted, the Governor shall furnish a copy of such report to the
local authorities affected thereby, together with notice of a
hearing on the allegations of the report made by the commissioner of
public safety or his delegate. Such hearing may be held at such time
and at such place as may be determined by the Governor but shall not
be less than ten days after notice to the local governing
authorities. This hearing shall be conducted before a board to be
composed of the Governor, the Secretary of State, and an appointee
of the Governor who is not the Attorney General who shall be
reimbursed for the actual and necessary expenses pertaining to their
services on the board but who shall receive no other additional
compensation for their services thereon. Upon the determination by
the board either that traffic laws, ordinances, or regulations,
other than speed regulations for which provision has been made in
subsection (b) of this Code section, established by the county or
municipal governing authority against whom complaint has been
brought are unreasonable or that traffic laws, ordinances, or
regulations established by the state or by any county or municipal
governing authority are being primarily enforced for the collection
of revenue rather than for purposes of public safety, the Governor
shall issue his executive order suspending the power of such local
governing authority to enforce traffic laws, ordinances, and
regulations on state or federal highways lying within its
jurisdiction or on any particular such highway. In the event that
this power is suspended, the Governor shall direct the commissioner
of public safety to enforce the traffic laws and regulations on such
highways. (e) At intervals of not less than six months, any governing
authority affected by subsection (d) of this Code section and by an
executive order issued in accordance with subsection (d) of this
Code section may, upon a change of circumstances being shown to the
Governor, petition the Governor for reconsideration, whereupon the
Governor, in his discretion, may direct the commissioner of public
safety or his delegate to inquire into such change of circumstances
and report the same to him together with any recommendations for
modification of the Governor's previous executive order; and the
Governor, in his discretion, may order a new hearing on the matter
before the board or may, without hearing, modify or revoke his
previous executive order. |