2025 Georgia Codes – Page 183

16-12-120.1

Transit - Fare offenses

16-12-122

Transportation safety - Definitions

As used in this part, the term:
(1) “Aircraft” means any machine, whether heavier or lighter than air, used or designed for navigation of or
flight in the air.
(2) “Avoid a security measure” means to take any action that is intended to result in any person, baggage,
container, or item of any type being allowed into a secure area without being subjected to security measures
or the assembly of items into an object or substance that is prohibited under the laws of this state or of the
United States or any of their agencies, political subdivisions, or authorities after such items have passed
through a security measure into a secure area.
(3) “Bus” means any passenger bus or coach or other motor vehicle having a seating capacity of not less than
15 passengers operated by a transportation company for the purpose of carrying passengers or freight for
hire.
(4) “Charter” means a group of persons, pursuant to a common purpose and under a single contract and at
a fixed charge for the vehicle in accordance with a transportation company’s tariff, who have acquired the
exclusive use of an aircraft, bus, or rail vehicle to travel together as a group to a specified destination.
(5) “Interfere with a security measure” means to take any action that is intended to defeat, disable, or prevent
the full operation of equipment or procedures designed or intended to detect any object or substance, includ-
ing, but not limited to, disabling of any device so that it cannot fully function, creation of any diversion
intended to defeat a security measure, or packaging of any item or substance so as to avoid detection by a
security measure.
(6) “Passenger” means any person served by the transportation company; and, in addition to the ordinary
meaning of passenger, the term shall include any person accompanying or meeting another person who is
transported by such company, any person shipping or receiving freight, and any person purchasing a ticket
or receiving a pass.
(7) “Rail vehicle” means any railroad or rail transit car, carriage, coach, or other vehicle, whether self-pro-
pelled or not and designed to be operated upon a rail or rails or other fixed right of way by a transportation
company for the purpose of carrying passengers or freight or both for hire.
(8) “Secure area” means any enclosed or unenclosed area within a terminal whereby access is restricted in
any manner or the possession of items subject to security measures is prohibited. Access to a secure area
may be restricted to persons specifically authorized by law, regulation, or policy of the governing authority
or transportation company operating said terminal, and such access into a secure area may be conditioned on
passing through security measures, and possession of items may be restricted to designated persons who are
acting in the course of their official duties.
(9) “Security measure” means any process or procedure by which employees, agents, passengers, persons
accompanying passengers, containers, baggage, freight, or possessions of passengers or persons accompany-
ing passengers are screened, inspected, or examined by any means for the purpose of ensuring the safety and
welfare of aircraft, bus, or rail vehicles and the employees, agents, passengers, and freight of any transporta-
tion company. The security measures may be operated by or under the authority of any governmental entity,
transportation company, or any entity contracting therewith.
(10) “Terminal” means an aircraft, bus, or rail vehicle station, depot, any such transportation facility, or
infrastructure relating thereto operated by a transportation company or governmental entity or authority. This
term includes a reasonable area immediately adjacent to any designated stop along the route traveled by any
coach or rail vehicle operated by a transportation company or governmental entity operating aircraft, bus, or
rail vehicle transportation facility and parking lots or parking areas adjacent to a terminal.
(11) “Transportation company” or “company” means any person, group of persons, or corporation provid-
ing for-hire transportation to passengers or freight by aircraft, by bus upon the highways in this state, by rail
vehicle upon any public or private right of way in this state, or by all, including passengers and freight in
interstate or intrastate travel. This term shall also include transportation facilities owned or operated by local
public bodies; by municipalities; and by public corporations, authorities, boards, and commissions estab-
lished under the laws of this state, any of the several states, the United States, or any foreign nation.

16-12-123

Bus or rail vehicle hijacking - Boarding with concealed weapon

Bus - Hijacking/concealed weaponTrain - Boarding with concealed weapon

(a)(1) A person commits the offense of bus or rail vehicle hijacking when he or she:
(A) Seizes or exercises control by force or violence or threat of force or violence of any bus or rail vehicle
within the jurisdiction of this state;
(B) By force or violence or by threat of force or violence seizes or exercises control of any transportation
company or all or any part of the transportation facilities owned or operated by any such company; or
(C) By force or violence or by threat of force or violence substantially obstructs, hinders, interferes with, or
otherwise disrupts or disturbs the operation of any transportation company or all or any part of a transpor-
tation facility.
(2) Any person convicted of the offense of bus or rail hijacking shall be guilty of a felony and, upon convic-
tion thereof, shall be punished by imprisonment for life or by imprisonment for not less than one nor more
than 20 years.
(b) Any person who boards or attempts to board an aircraft, bus, or rail vehicle with any explosive, destruc-
tive device, or hoax device as such terms are defined in Code Section 16-7-80; weapon or long gun as such
terms are defined in Code Section 16-11-125.1 if such person is not a lawful weapons carrier as defined
in Code Section 16-11-125.1; hazardous substance as defined by Code Section 12-8-92; or other device
designed or modified for the purpose of offense and defense concealed on or about his or her person or prop-
erty which is or would be accessible to such person while on the aircraft, bus, or rail vehicle shall be guilty
of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more
than ten years. The prohibition of this subsection shall not apply to any law enforcement officer, peace offi-
cer retired from a state or federal law enforcement agency, person in the military service of the state or of the
United States, or commercial security personnel employed by the transportation company who is in posses-
sion of weapons used within the course and scope of employment; nor shall the prohibition apply to persons
transporting weapons contained in baggage which is not accessible to passengers if the presence of such
weapons has been declared to the transportation company and such weapons have been secured in a manner
prescribed by state or federal law or regulation for the purpose of transportation or shipment. The provisions
of this subsection shall not apply to any privately owned aircraft, bus, or rail vehicle if the owner of such
aircraft or vehicle has given his or her express permission to board the aircraft or vehicle with the item.
(c) The company may employ reasonable security measures, including any method or device, to detect con-
cealed weapons, explosives, or hazardous material in baggage or freight or upon the person of the passenger.
Upon the discovery of any such item or material in the possession of a person, unless the item is a weapon
in the possession of a person exempted under subsection (b) of this Code section from the prohibition of that
subsection (b), the company shall obtain possession and retain custody of such item or materials until they
are transferred to the custody of law enforcement officers.