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Highway Patrols

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Submitted By bbrooks3
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Proposed regulation: Georgia Super Speeder Law

1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you. -Office of Highway Safety controls this Georgia Super Speeder regulation. This agency and regulation interests me because as a Georgia resident I have seen the damages that speeding on a Georgia highway can cause. I have had colleagues face bad accidents as a result to speeding and this regulation punishes those drivers that break the new regulation.

-This law will directly affect me so much as if I was in violation of the law; I can face an additional $200 in the ticket fee just for being in violation. This fee does not include the actual speeding ticket.

2. Describe the proposal/change -The new law will increase the amount of money that an individual pays along with the speeding ticket fee. The proposal is in place to decrease the number of deaths and accidents from the result of driving above the given speed limit.

3. Write the public comment which you would submit to this proposal. Explain briefly what you wish to accomplish with your comment. -I am in favor of the new super speeder regulation. I believe this law will decrease the amount of ‘speeders’ on Georgia highways. Georgia has a high rate of motor vehicle accidents a day and with a new law that will punish these drivers with higher fines, I believe that more drivers will take caution and actually slow down to the defined speeding limits. I feel the state of Georgia is obligated to encourage safe drivers and with including this new regulation, drivers will be heavily penalized if they break speeding limits. I highly stand behind this regulation.

-I wish to accomplish that with this new regulation, the state of Georgia sees a significant decrease in motor vehicle accidents and ultimately deaths related to motor vehicle accidents.

4. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was).

- The deadline for my comment would have been before January 1, 2010 . This regulation was presented in a news conference on December 16, 2009 at 10:00 a.m.

5. a. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)?
Legally I would be entitled to publicly disclose disclosures and decisions of the super speeder law. The Office of Highway Safety would publish rules, regulations, procedures, policy statements and reports of the new speeder law. This is all part of the Freedom of Information Act. The agency must also follow the steps in formal rulemaking which goes as followed:
-Enable act by congress
-Do an agency study and relay the research for the need of such new regulation
(Any regulation passed by an administrative agency must have some purpose and evidence to show that the regulation will accomplish the purpose. Rules passed without some study and evidence supporting their need or effectiveness could be challenged by the persons or industries affected as arbitrary…)
-Propose regulation published in Federal Register
(Some agencies provide background information in the notice so that some history and the function of the rules are given. In addition to publishing the notice of proposed rules in the Federal Register, an agency is required under the Regulatory Flexibility Act to publish a notice in the publications of those trades and industries that will be affected by the rule…)
-Have a public comment period
(This allows the public to discuss feelings on new proposal…)
-Have regionally held hearings
-modify the proposed regulation
-have a public comment period on modification
-have a withdrawal of proposed regulation
-Hear court challenges
-Rule is promulgated
b. If the proposal passes, identify and explain the five legal theories you could use in an attempt to have the regulation declared invalid and overturned in court.
-Whether the rule will create an inconsistency with other agencies
(The Office of Highway Safety is an organization nationwide that endorses and enforces rules to create safety on a nationwide basis.)
-Whether the rule will adversely affect other organizations or the environment
(If anything I see the new regulation being a benefit to the environment, just because it is a safety measure for all drivers.)
-Whether the regulation raises legal issues
(The new regulation does not raise any legal issues if the rule is enforced equally and accordingly by highway officials/police. Rules enforced by Highway Patrol are intended to protect the well being of society.)
c. Which of these challenges would be the best way to challenge the regulation you selected for this assignment if you wanted to have the regulation overturned and why?
-I would think the theory of legal issues would be the best way to challenge the regulation due to the shape of Georgia’s economy. Some could see this regulation as a way to raise funds to aide in funding for other activities within the state.

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