40-6-1.
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Index ]
(a) It is unlawful and,
unless otherwise declared in this chapter with respect to particular offenses,
it is a misdemeanor for any person to do any act forbidden or fail to perform
any act required in this chapter.
(b) Unless a
different maximum fine or greater minimum fine is specifically provided in this
chapter for a particular violation, the maximum fine which may be imposed as
punishment for a first offense of violating any lawful speed limit established
by or pursuant to the provisions of Article 9 of this chapter by exceeding a
maximum lawful speed limit:
(1) By five miles per
hour or less shall be no dollars;
(2) By more than
five but not more than ten miles per hour shall not exceed $25.00;
(3) By more than ten but not more than 14 miles per
hour shall not exceed $100.00;
(4) By more than 14
but less than 19 miles per hour shall not exceed $125.00;
(5) By 19 or more but less than 24 miles per hour
shall not exceed $150.00; or
(6) By 24 or more but
less than 34 miles per hour shall not exceed $500.00.
40-6-2.
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No person shall
fail or refuse to comply with any lawful order or direction of any police
officer, firefighter, police volunteer authorized under Code Section 35-1-11, or
school-crossing guard designated by a local law enforcement agency invested by
law with authority to direct, control, or regulate traffic.
40-6-3.
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Index ]
(a) The
provisions of this chapter relating to the operation of vehicles refer to the
operation of vehicles upon highways except:
(1) Where
a different place is specifically referred to in a given Code section;
(2) The provisions of this chapter shall apply to a
vehicle operated at shopping centers or parking lots or similar areas which
although privately owned are customarily used by the public as through streets
or connector streets;
(3) The provisions of this
chapter relating to reckless driving, driving in violation of Code Section
40-6-391, and homicide by vehicle shall apply to vehicles operated upon highways
and elsewhere throughout the state;
(4) The
provisions of Code Sections 40-6-270, 40-6-271, and 40-6-272 shall apply upon
the highways of this state, in all parking areas, and in all areas which are
customarily open to the public and within 200 feet of all such highways, parking
areas, and areas customarily open to the public;
(5)(A) The provisions of this chapter shall apply to
a vehicle operated on any private property of this state which fronts on coastal
marshlands or estuarine area as defined in Code Section 12-5-282, provided the
owner of the private property files with the local law enforcement agency having
primary jurisdiction to enforce the uniform rules of the road in such area:
(i) A petition requesting such local law enforcement
agency to enforce the uniform rules of the road on such private property;
and
(ii) Simultaneously files a plat with the petition
delineating the location of the roads, streets, and common areas on such private
property.
(B) The local law enforcement agency having
primary jurisdiction to enforce the uniform rules of the road in such area shall
enforce the uniform rules of the road on said private property at no cost to the
owner of the private property or enter into a contractual agreement with the
owner of the private property whereby the owner of the private property consents
to pay part or all of the law enforcement expenses to such law enforcement
agency.
(C) All persons operating vehicles on said
roads, streets, and common areas shall be subject to all state and local traffic
laws and regulations the same as if said private roads and streets were public
roads and streets.
(D) Any state or local law
enforcement agency empowered to enforce the uniform rules of the road in such
area shall have concurrent jurisdiction with the primary local law enforcement
agency to enforce the rules of the road on said private property.
(E) At least 30 days´ prior notice shall be
given to users of said private roads, streets, and common areas by publication
in the newspapers of general circulation in the area and by posting signs along
the private roads and streets specifying that state and local law enforcement
agencies will be enforcing the uniform rules of the road on said private roads,
streets, and common areas; and
(6)(A) Subject to the
approval of the governing authority of the county or municipality, the
provisions of this chapter shall apply to a vehicle operated within a privately
owned residential area located within the corporate boundaries of a municipality
or located within the boundaries of a county, provided the owner of the
privately owned residential area files with the governing authority of such
county or municipality:
(i) A petition signed by 50
percent of the property owners located in said subdivision requesting the law
enforcement agency of the county or municipality to enforce the uniform rules of
the road within such privately owned residential area;
and
(ii) A plat delineating the location of roads,
streets, and common areas within the privately owned residential area.
(B) Upon approval by the governing authority of the
county or municipality, the law enforcement agency of such county or
municipality shall enforce the uniform rules of the road within said privately
owned residential area.
(C) All persons operating
vehicles on the roads, streets, and common areas of said privately owned
residential property shall be subject to all state and local traffic laws and
regulations the same as if such private roads, streets, and common areas were
public roads and streets.
(D) At least 30 days´
prior notice shall be given to users of said private roads, streets, and common
areas by publication in a newspaper of general circulation in the area and by
posting signs along the private road, streets, and common areas specifying that
the county law enforcement agency or municipal law enforcement agency will be
enforcing the uniform rules of the roads on said private roads, streets, and
common areas.
(b) Notwithstanding the provisions of
subsection (a) of this Code section, any law enforcement officer shall be
authorized to write an accident report regarding any motor vehicle accident
occurring on private property.
40-6-4.
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Every person riding an animal or driving an animal
drawn vehicle upon a roadway shall be granted all of the rights and shall be
subject to all of the duties applicable to the driver of a vehicle by this
chapter, except those provisions of this chapter which by their very nature can
have no application.
40-6-5.
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Unless specifically made applicable, the provisions of
this chapter, except those contained in Article 15 of this chapter, shall not
apply to authorized persons, teams, motor vehicles, and other equipment while
actually engaged in work upon a highway but shall apply to such persons and
vehicles when traveling to or from such work.
40-6-6.
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(a) The driver
of an authorized emergency vehicle or law enforcement vehicle, when responding
to an emergency call, when in the pursuit of an actual or suspected violator of
the law, or when responding to but not upon returning from a fire alarm, may
exercise the privileges set forth in this Code section.
(b) The driver of an authorized emergency vehicle or
law enforcement vehicle may:
(1) Park or stand,
irrespective of the provisions of this chapter;
(2)
Proceed past a red or stop signal or stop sign, but only after slowing down as
may be necessary for safe operation;
(3) Exceed the
maximum speed limits so long as he or she does not endanger life or property;
and
(4) Disregard regulations governing direction of
movement or turning in specified directions.
(c) The
exceptions granted by this Code section to an authorized emergency vehicle shall
apply only when such vehicle is making use of an audible signal and use of a
flashing or revolving red light visible under normal atmospheric conditions from
a distance of 500 feet to the front of such vehicle, except that a vehicle
belonging to a federal, state, or local law enforcement agency and operated as
such shall be making use of an audible signal and a flashing or revolving blue
light with the same visibility to the front of the vehicle.
(d)(1) The foregoing provisions shall not relieve the
driver of an authorized emergency vehicle from the duty to drive with due regard
for the safety of all persons.
(2) When a law
enforcement officer in a law enforcement vehicle is pursuing a fleeing suspect
in another vehicle and the fleeing suspect damages any property or injures or
kills any person during the pursuit, the law enforcement officer´s pursuit
shall not be the proximate cause or a contributing proximate cause of the
damage, injury, or death caused by the fleeing suspect unless the law
enforcement officer acted with reckless disregard for proper law enforcement
procedures in the officer´s decision to initiate or continue the pursuit.
Where such reckless disregard exists, the pursuit may be found to constitute a
proximate cause of the damage, injury, or death caused by the fleeing suspect,
but the existence of such reckless disregard shall not in and of itself
establish causation.
(3) The provisions of this
subsection shall apply only to issues of causation and duty and shall not affect
the existence or absence of immunity which shall be determined as otherwise
provided by law.
(e) It shall be unlawful for any
person to operate an authorized emergency vehicle with flashing lights other
than as authorized by subsection (c) of this Code section.
40-6-7.
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Notwithstanding
any other provisions of law, it shall be lawful to operate motor vehicles and
motorcycles in parades although such motor vehicles and motorcycles and their
operators and passengers do not meet the necessary requirements of law,
especially with respect to flashing lights, sirens, and safety equipment. This
Code section shall be applicable only in the event that the local authority
which has the power to issue parade permits, at its discretion, authorizes the
operation of such motor vehicles and motorcycles after it has been determined
that the operation of such motor vehicles and motorcycles will not endanger the
lives, safety, or property of other participants in the parade, bystanders, or
other persons. The authorization for vehicles to be operated in parades as
exceptions to otherwise required provisions of law shall extend to only such
time as the vehicles are actually engaged in the parade and in the return to the
marshaling area. At all times, such vehicles shall be operated by a person
properly licensed to operate such vehicles. Such motor vehicles and motorcycles
covered under this Code section shall be operated in accordance with all
provisions of law when traveling to and from a parade site and at all other
times when not directly participating in a parade.
40-6-8.
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Nothing in this
chapter shall be construed to prevent the owner of real property used by the
public for purposes of vehicular travel by permission of the owner, and not as
matter of right, from prohibiting such use, or from requiring other or different
or additional conditions than those specified in this chapter, or from otherwise
regulating such use as may seem best to such owner.
40-6-9.
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Index ]
(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.
40-6-10.
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(a)(1) Until December 31, 2003, the owner or operator
of a motor vehicle for which minimum motor vehicle liability insurance coverage
is required under Chapter 34 of Title 33 shall keep proof or evidence of
required minimum insurance coverage in the vehicle at all times during the
operation of the vehicle. The owner of a motor vehicle shall provide to any
operator of such vehicle proof or evidence of required minimum insurance
coverage for the purposes of compliance with this subsection.
(2) The following shall be acceptable proof of
insurance on a temporary basis:
(A) If the policy
providing such coverage was applied for within the last 30 days, a current
written binder for such coverage for a period not exceeding 30 days from the
date such binder was issued shall be considered satisfactory proof or evidence
of required minimum insurance coverage;
(B) If the
vehicle is operated under a rental agreement, a duly executed vehicle rental
agreement shall be considered satisfactory proof or evidence of required minimum
insurance coverage; and
(C) If the owner acquired
ownership of the vehicle within the past 30 days, if the type of proof described
in subparagraph (A) of this paragraph is not applicable but the vehicle is
currently effectively provided with required minimum insurance coverage under
the terms of a policy providing required minimum insurance coverage for another
motor vehicle, then a copy of the insurer?s declaration of coverage under the
policy providing such required minimum insurance coverage for such other vehicle
shall be considered satisfactory proof or evidence of required minimum insurance
coverage for the vehicle, but only if accompanied by proof or evidence that the
owner acquired ownership of the vehicle within the past 30 days.
(2.1) If the vehicle is insured under a fleet policy
as defined in Code Section 40-2-137 providing the required minimum insurance
coverage or if the vehicle is engaged in interstate commerce and registered
under the provisions of Article 3A of Chapter 2 of this title, the insurance
information card issued by the insurer shall be considered satisfactory proof of
required minimum insurance coverage for the vehicle.
(2.2) If the vehicle is insured under a certificate
of self-insurance issued by the Commissioner of Insurance providing the required
minimum insurance coverage under which the vehicle owner did not report the
vehicle identification number to the Commissioner of Insurance, the insurance
information card issued by the Commissioner of Insurance shall be considered
satisfactory proof of required minimum insurance coverage for the vehicle, but
only if accompanied by a copy of the certificate issued by the Commissioner of
Insurance.
(3) On and after January 1, 2004, the
requirement under this Code section that proof or evidence of minimum liability
insurance be maintained in a motor vehicle at all times during the operation of
the vehicle shall not apply to the owner or operator of any vehicle for which
the records or data base of the Department of Motor Vehicle Safety indicates
that required minimum insurance coverage is currently effective.
(4) Except as otherwise provided in paragraph (7) of
this subsection, any person who fails to comply with the requirements of this
subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall
be subject to a fine of not less than $200.00 nor more than $1,000.00 or
imprisonment for not more than 12 months, or both.
(5)
Every law enforcement officer in this state shall determine if the operator of a
motor vehicle subject to the provisions of this Code section has the required
minimum insurance coverage every time the law enforcement officer stops the
vehicle or requests the presentation of the driver?s license of the operator of
the vehicle.
(6) If a law enforcement officer of this
state determines that the owner or operator of a motor vehicle subject to the
provisions of this Code section does not have proof or evidence of required
minimum insurance coverage, the arresting officer shall issue a uniform traffic
citation for operating a motor vehicle without proof of insurance. If the court
or arresting officer determines that the operator is not the owner, then a
uniform traffic citation may be issued to the owner for authorizing the
operation of a motor vehicle without proof of insurance.
(7) If the person receiving a citation under this
subsection shows to the court having jurisdiction of the case that required
minimum insurance coverage was in effect at the time the citation was issued,
the court may impose a fine not to exceed $25.00. The court shall not in this
case forward a record of the disposition of the case to the department and the
driver?s license of such person shall not be suspended.
(8)(A) For purposes of this Code section up to and
including December 31, 2003, a valid insurance card shall be sufficient proof of
insurance for any vehicle.
(B) For purposes of this
Code section on and after January 1, 2004, a valid insurance card shall be
sufficient proof of insurance only for any vehicle covered under a fleet policy
as defined in Code Section 40-5-71. The insurance card for a fleet policy shall
contain at least the name of the insurer, policy number, policy issue or
effective date, policy expiration date, and the name of the insured and may, but
shall not be required to, include the year, make, model, and vehicle
identification number of the vehicle insured.
(C) For
any vehicle covered under a policy of motor vehicle liability insurance that is
not a fleet policy as defined in Code Section 40-5-71, the insurer shall issue a
policy information card which shall contain at least the name of the insurer,
policy number, policy issue or effective date, policy expiration date, name of
the insured, and year, make, model, and vehicle identification number of each
vehicle insured; and on and after January 1, 2004, the owner or operator of the
motor vehicle shall keep such policy information card in the vehicle at all
times during operation of the vehicle for purposes of Code Section 40-6-273.1,
but any such policy information card shall not be sufficient proof of insurance
for any purposes of this Code section except as otherwise provided in this Code
section.
(b) An owner or any other person who
knowingly operates or knowingly authorizes another to operate a motor vehicle
without effective insurance on such vehicle or without an approved plan of
self-insurance shall be guilty of a misdemeanor and, upon conviction thereof,
shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or
imprisonment for not more than 12 months, or both. An operator of a motor
vehicle shall not be guilty of a violation of this Code section if such operator
maintains a policy of motor vehicle insurance which extends coverage to any
vehicle the operator may drive. An owner or operator of a motor vehicle shall
not be issued a citation by a law enforcement officer for a violation of this
Code section if the sole basis for issuance of such a citation is that the law
enforcement officer is unable to obtain insurance coverage information from the
records of the department.
(c) Any person who
knowingly makes a false statement or certification under Code Section 40-5-71 or
this Code section shall be guilty of a misdemeanor and, upon conviction thereof,
shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or
imprisonment for not more than 12 months, or both.
(d)
Except for vehicles insured under a fleet policy as defined in Code Section
40-2-137 or under a plan of self-insurance approved by the Commissioner of
Insurance, insurance coverage information from records of the department shall
be prima-facie evidence of the facts stated therein and shall be admissible as
evidence in accordance with Code Section 24-3-17 for the purposes of this Code
section.
(e) The minimum liability insurance data
base of the department shall be operational for the purposes of testing,
evaluation, verification of data, and validation of accuracy not later than
November 1, 2002, and shall be fully operational not later than January 1, 2004.
40-6-11.
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Index ]
(a) For the
purposes of this Code section, 'motorcycle' means any motor vehicle traveling on
public streets or highways having a seat or saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground but
excluding a tractor and a moped.
(b) No owner of a
motorcycle or any other person, other than a self-insurer as defined in Chapter
34 of Title 33, shall operate or authorize any other person to operate the
motorcycle unless the owner has liability insurance on the motorcycle equivalent
to that required as evidence of security for bodily injury and property damage
liability under Code Section 40-9-37. Any person who violates this subsection
shall be guilty of a misdemeanor.
(c) The operator of
a motorcycle shall keep proof or evidence of the minimum insurance coverage
required by this Code section in his or her immediate possession or on the
motorcycle at all times when such person is operating the motorcycle but only
under the same circumstances and of the same type as prescribed for operators of
other motor vehicles in Code Section 40-6-10. Any person who violates this
subsection shall be subject to a fine not to exceed $25.00; however, there shall
be no suspension of the person?s operator?s license or motor vehicle license tag
for a violation of this subsection.
(d)(1) Insurance
coverage information from records of the department shall be prima-facie
evidence of the facts stated therein and shall be admissible as evidence in
accordance with Code Section 24-3-17 for the purposes of this Code section.
(2) Every law enforcement officer in this state shall
request the operator of a motorcycle subject to the provisions of subsection (c)
of this Code section to produce proof or evidence of minimum insurance coverage
required by this Code section at any time the law enforcement officer stops the
motorcycle or requests the presentation of the driver?s license of such
operator.
(e) An owner or operator of a motorcycle
shall not be issued a citation by a law enforcement officer for a violation of
this Code section if the sole basis for issuance of such a citation is that the
law enforcement officer is unable to obtain insurance coverage information from
the records of the department.
40-6-12.
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Index ]
(a) Any person convicted of a second or subsequent
violation of Code Section 40-6-10 within a five-year period, as measured from
date of arrest to date of arrest, shall be required to file with the Department
of Motor Vehicle Safety and maintain for a period of three years from the date
of conviction proof of financial responsibility, as such term is defined in
paragraph (5) of Code Section 40-9-2, in addition to any other punishment.
(b) If the proof of financial responsibility filed in
accordance with subsection (a) of this Code section is based upon a policy
issued by an insurance company, such insurer may not cancel the policy until the
Department of Motor Vehicle Safety is given at least 30 days´ prior written
notice of such cancellation.
40-6-13.
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Index ]
Any court having jurisdiction to try and dispose of
traffic offenses shall have jurisdiction to try and dispose of the misdemeanor
offenses provided for in Code Sections 40-6-10 and 40-6-11. Such jurisdiction
shall be concurrent with the jurisdiction of any other court within the county
having jurisdiction to try and dispose of such offenses.
40-6-14.
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Index ]
(a) It is
unlawful for any person operating or occupying a motor vehicle on a street or
highway to operate or amplify the sound produced by a radio, tape player, or
other mechanical sound-making device or instrument from within the motor vehicle
so that the sound is plainly audible at a distance of 100 feet or more from the
motor vehicle.
(b) The provisions of this Code
section shall not apply to any law enforcement motor vehicle equipped with any
communication device necessary in the performance of law enforcement duties or
to any emergency vehicle equipped with any communication device necessary in the
performance of any emergency procedures.
(c) The
provisions of this Code section do not apply to motor vehicles used for business
or political purposes, which in the normal course of conducting such business
use sound-making devices. The provisions of this subsection shall not be deemed
to prevent local authorities, with respect to streets and highways under their
jurisdiction and within the reasonable exercise of the police power, from
regulating the time and manner in which such business may be operated.
(d) The provisions of this Code section do not apply
to the noise made by a horn or other warning device required or permitted by
Code Section 40-8-70. The Department of Public Safety shall promulgate rules
defining 'plainly audible' and establish standards regarding the measurement of
sound by law enforcement personnel.
(e) A violation
of this Code section shall be a misdemeanor.
40-6-15.
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Index ]
(a) Any person
who knowingly drives a motor vehicle on any public road or highway of this state
at a time when the vehicle registration of such vehicle is suspended, canceled,
or revoked shall be guilty of a misdemeanor.
(b) Upon
a first conviction thereof or a plea of nolo contendere, such person shall be
punished by imprisonment for not more than 12 months and there may be imposed in
addition thereto a fine of not less than $500.00 nor more than $1,000.00, at the
discretion of the court.
(c) For a second or
subsequent conviction within five years as measured from the dates of previous
arrests for which convictions were obtained or pleas of nolo contendere were
accepted to the date of the current arrest for which a conviction is obtained or
a plea of nolo contendere accepted, such person shall be guilty of a high and
aggravated misdemeanor and shall be punished by imprisonment for not less than
ten days nor more than 12 months and there may be imposed in addition thereto a
fine of not less than $1,000.00 nor more than $2,500.00.
(d) The department, upon receiving a record of the
conviction of any person under this Code section upon a charge of driving a
vehicle while the registration of such vehicle was suspended or revoked, shall
extend the period of suspension or revocation for six months. The department
may reinstate the suspended or revoked vehicle registration following the
expiration of the original suspension or revocation period, the additional
six-month suspension imposed pursuant to this subsection, and upon payment of a
restoration fee of $210.00, or $200.00 when such reinstatement is processed by
mail.
(e) For all purposes under this Code section, a
plea of nolo contendere shall be considered as a conviction.
(f) Notwithstanding the limits set forth in Article
14 of this chapter and in any municipal charter, any municipal court of any
municipality in this state shall be authorized to impose the punishment provided
for in this Code section upon a conviction of violating this Code section or
upon conviction of violating any ordinance adopting the provisions of this Code
section.
40-6-16.
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Index ]
(a)
The operator of a motor vehicle approaching a stationary authorized emergency
vehicle that is displaying flashing yellow, amber, white, red, or blue lights
shall approach the authorized emergency vehicle with due caution and shall,
absent any other direction by a peace officer, proceed as follows:
(1) Make a lane change into a lane not adjacent to
the authorized emergency vehicle if possible in the existing safety and traffic
conditions; or
(2) If a lane change under paragraph
(1) of this subsection would be impossible, prohibited by law, or unsafe, reduce
the speed of the motor vehicle to a reasonable and proper speed for the existing
road and traffic conditions, which speed shall be less than the posted speed
limit, and be prepared to stop.
(b) The operator of a
motor vehicle approaching a stationary towing or recovery vehicle or a
stationary highway maintenance vehicle that is displaying flashing yellow,
amber, or red lights shall approach the vehicle with due caution and shall,
absent any other direction by a peace officer, proceed as follows:
(1) Make a lane change into a lane not adjacent to
the towing, recovery, or highway maintenance vehicle if possible in the existing
safety and traffic conditions; or
(2) If a lane change
under paragraph (1) of this subsection would be impossible, prohibited by law,
or unsafe, reduce the speed of the motor vehicle to a reasonable and proper
speed for the existing road and traffic conditions, which speed shall be less
than the posted speed limit, and be prepared to stop.
(c) Violation of subsection (a) or (b) of this Code
section shall be punished by a fine of $500.00.
40-6-20.
[
Index ]
(a) The driver
of any vehicle shall obey the instructions of an official traffic-control device
applicable thereto, placed in accordance with this chapter, unless otherwise
directed by a police officer, subject to the exceptions granted the driver of an
authorized emergency vehicle in this chapter. A violation of this subsection
shall be a misdemeanor, except as otherwise provided by subsection (f) of this
Code section.
(b) No provisions of this chapter which
require official traffic-control devices shall be enforced against an alleged
violator if at the time and place of the alleged violation an official device
was not in proper position and sufficiently legible to be seen by an ordinarily
observant person. Whenever a particular Code section does not state that
official traffic-control devices are required, such Code section shall be
effective even though no devices are erected or in place.
(c) Whenever official traffic-control devices are
placed in position approximately conforming to the requirements of this chapter,
such devices shall be presumed to have been so placed by the official act or
direction of lawful authority, unless the contrary shall be established by
competent evidence.
(d) Any official traffic-control
device placed pursuant to this chapter and purporting to conform to the lawful
requirements pertaining to such devices shall be presumed to comply with the
requirements of this chapter, unless the contrary shall be established by
competent evidence.
(e) The disregard or disobedience
of the instructions of any official traffic-control device or signal placed in
accordance with the provisions of this chapter by the driver of a vehicle shall
be deemed prima-facie evidence of a violation of law, without requiring proof of
who and by what authority such sign or device has been erected.
(f)(1) As used in this subsection, the term:
(A) 'Owner' means the registrant of a motor vehicle,
except that such term shall not include a motor vehicle rental company when a
motor vehicle registered by such company is being operated by another person
under a rental agreement with such company.
(B)
'Recorded images' means images recorded by a traffic-control signal monitoring
device:
(i) On:
(I) Two or
more photographs;
(II) Two or more microphotographs;
(III) Two or more electronic images;
or
(IV) Videotape; and
(ii)
Showing a traffic-control signal displaying a CIRCULAR RED or RED ARROW signal
along with the rear of a motor vehicle apparently operated in disregard or
disobedience of such signal and, on at least one image or portion of tape,
clearly revealing the number or other identifying designation of the license
plate displayed on the motor vehicle.
(C)
'Traffic-control signal monitoring device' means a device with one or more motor
vehicle sensors working in conjunction with a traffic-control signal to produce
recorded images of motor vehicles being operated in disregard or disobedience of
a CIRCULAR RED or RED ARROW signal.
(2) Subsection
(a) of this Code section may be enforced as provided in this subsection pursuant
to the use of traffic-control signal monitoring devices in accordance with
Article 3 of Chapter 14 of this title.
(3) For the
purpose of enforcement pursuant to this subsection:
(A) The driver of a motor vehicle shall be liable for
a civil monetary penalty of not more than $70.00 if such vehicle is found, as
evidenced by recorded images produced by a traffic-control signal monitoring
device, to have been operated in disregard or disobedience of a CIRCULAR RED or
RED ARROW signal in violation of subsection (a) of this Code section and such
disregard or disobedience was not otherwise authorized by law;
(B) The law enforcement agency for which such device
is permitted shall send by first-class mail addressed to the owner of the motor
vehicle postmarked not later than ten days after the date of the alleged
violation:
(i) A citation for the violation, which
shall include the date and time of the violation, the location of the
intersection, the amount of the civil monetary penalty imposed, and the date by
which the civil monetary penalty shall be paid;
(ii)
A copy of the recorded image;
(iii) A copy of a
certificate sworn to or affirmed by a trained law enforcement officer or a
technician employed by a law enforcement agency for which such device is
authorized and stating that, based upon inspection of recorded images, the
owner?s motor vehicle was operated in disregard or disobedience of a CIRCULAR
RED or RED ARROW signal in violation of subsection (a) of this Code section and
that such disregard or disobedience was not otherwise authorized by law;
(iv) A statement of the inference provided by
subparagraph (D) of this paragraph and of the means specified therein by which
such inference may be rebutted;
(v) Information
advising the owner of the motor vehicle of the manner and time in which
liability as alleged in the citation may be contested in court;
and
(vi) Warning that failure to pay the civil
monetary penalty or to contest liability in a timely manner shall waive any
right to contest liability and result in a civil monetary penalty;
provided, however, that only warning notices and not
citations for violations shall be sent during the 30 day period commencing with
the installation of a traffic-control signal monitoring device at such location;
(C) Proof that a motor vehicle was operated in
disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of
subsection (a) of this Code section shall be evidenced by recorded images
produced by a traffic-control signal monitoring device authorized pursuant to
Article 3 of Chapter 14 of this title. A copy of a certificate sworn to or
affirmed by a trained law enforcement officer or a technician employed by a law
enforcement agency for which such device is authorized and stating that, based
upon inspection of recorded images, a motor vehicle was operated in disregard or
disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection
(a) of this Code section and that such disregard or disobedience was not
otherwise authorized by law shall be prima-facie evidence of the facts contained
therein; and
(D) Liability under this subsection shall
be determined based upon preponderance of the evidence. Prima-facie evidence
that the vehicle described in the citation issued pursuant to this subsection
was operated in violation of subsection (a) of this Code section, together with
proof that the defendant was at the time of such violation the registered owner
of the vehicle, shall permit the trier of fact in its discretion to infer that
such owner of the vehicle was the driver of the vehicle at the time of the
alleged violation. Such an inference may be rebutted if the owner of the
vehicle:
(i) Testifies under oath in open court that
he or she was not the operator of the vehicle at the time of the alleged
violation;
(ii) Presents to the court prior to the
return date established on the citation a certified copy of a police report
showing that the vehicle had been reported to the police as stolen prior to the
time of the alleged violation; or
(iii) Submits to the
court prior to the return date established on the citation a sworn notarized
statement identifying the name of the operator of the vehicle at the time of the
alleged violation.
(4) A violation for which a civil
penalty is imposed pursuant to this subsection shall not be considered a moving
traffic violation, for the purpose of points assessment under Code Section
40-5-57. Such violation shall be deemed noncriminal, and imposition of a civil
penalty pursuant to this subsection shall not be deemed a conviction and shall
not be made a part of the operating record of the person upon whom such
liability is imposed, nor shall it be used for any insurance purposes in the
provision of motor vehicle insurance coverage.
(5) If
a person summoned by first-class mail fails to appear on the date of return set
out in the citation and has not paid the penalty for the violation or filed a
police report or affidavit pursuant to division (3)(D)(ii) or (3)(D)(iii) of
this subsection, the person summoned shall have waived the right to contest the
violation and shall be liable for a civil monetary penalty of not more than
$70.00.
(6) Any court having jurisdiction over
violations of subsection (a) of this Code section or any ordinance adopting the
provisions of said subsection pursuant to Code Section 40-6-372 shall have
jurisdiction over cases arising under this subsection and shall be authorized to
impose the civil monetary penalty provided by this subsection. Except as
otherwise provided in this subsection, the provisions of law governing
jurisdiction, procedure, defenses, adjudication, appeal, and payment and
distribution of penalties otherwise applicable to violations of subsection (a)
of this Code section shall apply to enforcement under this subsection; provided,
however, that any appeal from superior or state court shall be by application in
the same manner as that provided by Code Section 5-6-35.
(7) Recorded images made for purposes of this
subsection shall not be a public record for purposes of Article 4 of Chapter 18
of Title 50.
(8) The provisions of this subsection
shall not limit law enforcement agencies to the use of traffic-control signal
monitoring devices in enforcing subsection (a) of this Code section; and, when
there is evidence obtained from another source or sources which constitutes a
prima-facie case of a violation of subsection (a) of this Code section, such
violation may be prosecuted as otherwise provided by law in lieu of, but not in
addition to, enforcement under this subsection.
40-6-21.
[
Index ]
(a) The
following meanings shall be given to highway traffic signal indications, except
those on pedestrian signals:
(1) Green indications
shall have the following meanings:
(A) Traffic,
except pedestrians, facing a CIRCULAR GREEN signal may proceed straight through
or turn right or left unless a sign at such place prohibits either such turn.
Vehicular traffic turning shall yield the right of way to approaching vehicles.
Vehicular traffic must stop and remain stopped to allow a pedestrian to cross
the roadway within a crosswalk when the pedestrian lawfully within the
intersection or an adjacent crosswalk at the time such signal is exhibited is
upon the half of the roadway upon which the vehicle is traveling, or when the
pedestrian is approaching and is within one lane of the half of the roadway on
which the vehicle is traveling or onto which it is turning. For the purposes of
this subparagraph, 'half of the roadway' means all traffic lanes carrying
traffic in one direction of travel;
(B) Traffic,
except pedestrians, facing a GREEN ARROW signal, shown alone or in combination
with another indication, may cautiously enter the intersection only to make the
movement indicated by such arrow or such other movement as is permitted by other
indications shown at the same time. Such vehicular traffic shall stop and remain
stopped to allow a pedestrian lawfully within an adjacent crosswalk to cross the
roadway within a crosswalk when the pedestrian is upon the half of the roadway
upon which the vehicle is traveling, or when the pedestrian is approaching and
is within one lane of the half of the roadway on which the vehicle is traveling
or onto which it is turning. For the purposes of this subparagraph, 'half of the
roadway' means all traffic lanes carrying traffic in one direction of travel.
Vehicular traffic shall yield the right of way to other traffic lawfully using
the intersection; and
(C) Unless otherwise directed by
a pedestrian signal, pedestrians facing any green indication, except when the
sole green indication is a turn arrow, may proceed across the roadway within any
marked or unmarked crosswalk;
(2) Steady yellow
indications shall have the following meanings:
(A)
Traffic, except pedestrians, facing a steady CIRCULAR YELLOW or YELLOW ARROW
signal is thereby warned that the related green movement is being terminated or
that a red indication will be exhibited immediately thereafter when vehicular
traffic shall not enter the intersection; and
(B)
Pedestrians facing a steady CIRCULAR YELLOW or YELLOW ARROW signal, unless
otherwise directed by a pedestrian signal, are thereby advised that there is
insufficient time to cross the roadway before a red indication is shown, and no
pedestrian shall then start to cross the roadway;
and
(3) Steady red indications shall have the
following meanings:
(A) Traffic, except pedestrians,
facing a steady CIRCULAR RED signal alone shall stop at a clearly marked stop
line or, if there is no stop line, before entering the crosswalk on the near
side of the intersection or, if there is no crosswalk, before entering the
intersection, and shall remain standing until an indication to proceed is shown,
except as provided in subparagraphs (B), (C), and (D) of this paragraph;
(B) Vehicular traffic facing a steady CIRCULAR RED
signal may cautiously enter the intersection to make a right turn after stopping
as provided in subparagraph (A) of this paragraph. Such vehicular traffic shall
stop and remain stopped to allow a pedestrian to cross the roadway within a
crosswalk when the pedestrian is upon the half of the roadway upon which the
vehicle is traveling, or when the pedestrian is approaching and is within one
lane of the half of the roadway on which the vehicle is traveling or onto which
it is turning. For the purposes of this subparagraph, 'half of the roadway'
means all traffic lanes carrying traffic in one direction of travel. Vehicular
traffic shall yield the right of way to other traffic lawfully using the
intersection;
(C) Traffic, except pedestrians, facing
a steady CIRCULAR RED signal, after stopping as provided in subparagraph (A) of
this paragraph, may make a right turn but shall stop and remain stopped for
pedestrians and yield the right of way to other traffic proceeding as directed
by the signal at such intersection. Such vehicular traffic shall not make a
right turn against a steady CIRCULAR RED signal at any intersection where a sign
is erected prohibiting such right turn;
(D) Traffic,
except pedestrians, facing a steady CIRCULAR RED signal, after stopping as
provided in subparagraph (A) of this paragraph, may make a left turn from the
left-hand lane of a one-way street onto a one-way street on which the traffic
moves toward the driver´s left but shall stop and remain stopped for
pedestrians and yield the right of way to other traffic proceeding as directed
by the signal at such intersection. Such vehicular traffic shall not make a left
turn against a steady CIRCULAR RED signal at any intersection where a sign is
erected prohibiting such left turn;
(E) Unless
otherwise directed by a pedestrian signal, pedestrians facing a steady CIRCULAR
RED signal alone shall not enter the roadway;
(F)
Traffic, except pedestrians, facing a steady RED ARROW signal indication may not
enter the intersection to make the movement indicated by such arrow and, unless
entering the intersection to make such other movement as is permitted by other
indications shown at the same time, shall stop at a clearly marked stop line or,
if there is no stop line, before entering the crosswalk on the near side of the
intersection or, if there is no crosswalk, before entering the intersection, and
shall remain standing until an indication to make the movement indicated by such
arrow is shown; and
(G) Unless otherwise directed by a
pedestrian signal, pedestrians facing a steady RED ARROW signal indication shall
not enter the roadway.
(b) In the event an official
traffic-control device signal is erected and maintained at a place other than an
intersection, the provisions of this Code section shall be applicable except as
to those provisions which by their nature can have no application. Any stop
required shall be made at a sign or marking on the pavement indicating where the
stop shall be made, but, in the absence of any such sign or marking, the stop
shall be made at the signal.
40-6-22.
[
Index ]
Whenever special pedestrian-control signals exhibiting
the words WALK or DON´T WALK or symbols so directing a pedestrian are in
place, such signals shall indicate as follows:
(1)
Word or symbol message WALK — Pedestrians facing such signal may proceed
across the roadway in the direction of the signal. Every driver of a vehicle
shall stop and remain stopped for such pedestrians;
and
(2) Flashing or steady DON´T WALK — No
pedestrian shall start to cross the roadway in the direction of such signal, but
any pedestrian who has partially completed his crossing on the WALK signal shall
proceed to sidewalk or safety island while the DON´T WALK signal is
showing.
40-6-23.
[
Index ]
Flashing signal indications shall have the following
meanings:
(1) Flashing red (stop signal) —
When a red lens is illuminated with rapid intermittent flashes, drivers of
vehicles shall stop at a clearly marked stop line or, if there is no stop line,
before entering the crosswalk on the near side of the intersection or, if there
is no crosswalk, at the point nearest the intersecting roadway where the driver
has a view of approaching traffic on the intersecting roadway before entering
the intersection, and the right to proceed shall be subject to the rules
applicable after making a stop at a stop sign;
(2)
Flashing yellow (caution signal) — When a yellow lens is illuminated with
rapid intermittent flashes, drivers of vehicles may proceed through the
intersection or past such signal only with caution.
40-6-24.
[
Index ]
When lane
direction control signals are placed over the individual lanes of a street or
road, vehicular traffic may travel in any lane over which a green signal is
shown but shall not enter or travel in any lane over which a red signal is
shown, provided that a vehicle may enter a lane over which a yellow or amber
signal is shown for purposes of making a left turn only.
40-6-25.
[
Index ]
(a) No person
shall place, maintain, or display upon or in view of any highway any sign,
signal, marking, or device which purports to be or is an imitation of or
resembles an official traffic-control device or railroad sign or signal or which
attempts to direct the movement of traffic or which hides from view or
interferes with the effectiveness of an official traffic-control device or any
railroad sign or signal.
(b) No person shall maintain
or place nor shall any public authority permit upon any highway any traffic sign
or signal bearing thereon any commercial advertising.
(c) This Code section shall not be deemed to prohibit
the erection upon private property adjacent to highways of signs giving useful
directional information and of a type that cannot be mistaken for official
signs.
(d) Every such prohibited sign, signal, or
marking is declared to be a public nuisance, and the authority having
jurisdiction over the highway is empowered to remove it or cause it to be
removed without notice.
40-6-26.
[
Index ]
(a) No person shall, without lawful authority,
attempt to or in fact alter, deface, injure, knock down, or remove any official
traffic-control device or any railroad sign or signal or any inscription,
shield, or insignia thereon or any other part thereof.
(b) No person shall, without lawful authority, drive
around or through or ignore any official traffic-control device so as to go onto
an officially closed highway or road or onto a section of highway or road before
it has been officially opened to the public. This Code section shall not apply
to police officers in the performance of their duties, to individuals domiciled
or making their livelihood within the affected area, or to any person authorized
to be in the affected area by the appropriate municipal, county, or state
officer.
40-6-27.
[
Index ]
It
shall be unlawful for any person to place or install any blue retroreflective
raised pavement marker on any public highway, road, or street, provided that
such marker may be placed or installed by the state or any county, municipality,
fire department, or employee or agent thereof solely for the purpose of marking
the location of fire hydrants.
40-6-40.
[
Index ]
(a) Upon all roadways of sufficient width, a vehicle
shall be driven upon the right half of the roadway, except as follows:
(1) When overtaking and passing another vehicle
proceeding in the same direction under the rules governing such movement;
(2) When an obstruction exists making it necessary to
drive to the left of the center of the highway, provided that any person so
doing shall yield the right of way to all vehicles traveling in the proper
direction upon the unobstructed portion of the highway within such a distance as
to constitute an immediate hazard;
(3) Upon a roadway
divided into three marked lanes for traffic under the rules applicable thereon;
or
(4) Upon a roadway restricted to one-way traffic.
(b) Upon all roadways, any vehicle proceeding at less
than the normal speed of traffic at the time and place and under the conditions
then existing shall be driven in the right-hand lane then available for traffic,
or as close as practicable to the right-hand curb or edge of the roadway, except
when overtaking and passing another vehicle proceeding in the same direction or
when preparing for a left turn at an intersection or into a private road or
driveway.
(c) Upon any roadway having four or more
lanes for moving traffic and providing for two-way movement of traffic, no
vehicle shall be driven to the left of the center of the roadway except when
authorized by official traffic-control devices designating certain lanes to the
left of the center of the roadway for use by traffic not otherwise permitted to
use such lanes or except as permitted under paragraph (2) of subsection (a) of
this Code section. However, this subsection shall not be construed as
prohibiting the crossing of the center of the roadway in making a left turn into
or from an alley, private road, or driveway.
(d) No
two vehicles shall impede the normal flow of traffic by traveling side by side
at the same time while in adjacent lanes, provided that this Code section shall
not be construed to prevent vehicles traveling side by side in adjacent lanes
because of congested traffic conditions.
40-6-41.
[
Index ]
Drivers of vehicles proceeding in opposite directions
shall pass each other to the right, and, upon roadways having width for not more
than one lane of traffic in each direction, each driver shall give to the other
at least one-half of the main traveled portion of the roadway or as nearly
one-half as possible.
40-6-42.
[
Index ]
The following rules shall govern the overtaking and
passing of vehicles proceeding in the same direction, subject to those
limitations, exceptions, and special rules stated in this article:
(1) The driver of a vehicle overtaking another
vehicle proceeding in the same direction shall pass to the left thereof at a
safe distance and shall not again drive to the right side of the roadway until
safely clear of the overtaken vehicle; and
(2) Except
when overtaking and passing on the right is permitted, the driver of an
overtaken vehicle shall give way to the right in favor of the overtaking vehicle
and shall not increase the speed of his vehicle until completely passed by the
overtaking vehicle.
40-6-43.
[
Index ]
(a) The driver of a vehicle may overtake and pass
upon the right of another vehicle only under the following conditions:
(1) When the vehicle overtaken is making or about to
make a left turn; or
(2) Upon a street or highway with
unobstructed pavement of sufficient width for two or more lanes of moving
vehicles in the direction being traveled by the overtaking vehicle.
(b) If otherwise authorized, the driver of a vehicle
may overtake and pass another vehicle upon the right only under conditions
permitting such movement in safety. Such movement shall not be made by driving
off the roadway.
40-6-44.
[
Index ]
No vehicle shall be driven to the left side of the
center of the roadway in overtaking and passing another vehicle proceeding in
the same direction unless such left side is clearly visible and is free of
oncoming traffic for a sufficient distance ahead to permit such overtaking and
passing to be completely made without interfering with the operation of any
vehicle approaching from the opposite direction or any vehicle overtaken. In
every event, the overtaking vehicle shall return to an authorized lane of travel
as soon as practicable and, in the event the passing movement involves the use
of a lane authorized for vehicles approaching from the opposite direction,
before coming within 200 feet of any approaching vehicle.
40-6-45.
[
Index ]
(a) No vehicle
shall be driven on the left side of a roadway designed and authorized for
traffic traveling in opposite directions under the following conditions:
(1) When approaching or upon the crest of a grade or
a curve in the highway where the driver´s view is obstructed within such
distance as to create a hazard in the event another vehicle might approach from
the opposite direction;
(2) When traversing any:
(A) Intersection which is clearly marked by a solid
barrier line placed on the right-hand element of a combination stripe along the
center or lane line or by a solid double yellow line;
or
(B) Railroad grade crossing;
or
(3) When the view is obstructed upon approaching
within 100 feet of any bridge, viaduct, or tunnel.
(b)
The foregoing limitations shall not apply upon a one-way roadway nor under the
conditions described in paragraph (2) of subsection (a) of Code Section 40-6-40
nor to the driver of a vehicle turning left into or from an alley, private road,
driveway, or roadway.
40-6-46.
[
Index ]
(a) The Department of Transportation and local
authorities are authorized to determine those portions of any highway under
their respective jurisdictions where overtaking and passing or driving to the
left side of the roadway would be especially hazardous and may, by appropriate
signs or markings on the roadway, indicate the beginning and end of such zones
and, when such signs or markings are in place and clearly visible to an
ordinarily observant person, every driver of a vehicle shall obey the directions
thereof. Such no-passing zones shall be clearly marked by a solid barrier line
placed on the right-hand element of a combination stripe along the center or
lane line or by a solid double yellow line.
(b) Where
signs or markings are in place to define a no-passing zone as set forth in
subsection (a) of this Code section, no driver shall at any time drive on the
left side of the roadway within such no-passing zone or on the left side of any
pavement striping designed to mark such no-passing zone throughout its length.
(c) This Code section does not apply under the
conditions described in paragraph (2) of subsection (a) of Code Section 40-6-40
nor to the driver of a vehicle turning left into or from an alley, private road,
or driveway.
40-6-47.
[
Index ]
(a) The Department of Transportation and local
authorities with respect to highways under their respective jurisdictions may
designate any highway, roadway, part of a roadway, or specific lanes upon which
vehicular traffic shall proceed in one direction at all of such times as shall
be indicated by official traffic-control devices.
(b)
Upon a roadway so designated for one-way traffic, a vehicle shall be driven only
in the direction designated at all or such times as shall be indicated by
official traffic-control devices.
(c) A vehicle
passing around a rotary traffic island shall be driven only to the right of such
island.
40-6-48.
[
Index ]
Whenever any roadway has been divided into two or more
clearly marked lanes for traffic, the following rules, in addition to all others
consistent with this Code section, shall apply:
(1) A
vehicle shall be driven as nearly as practicable entirely within a single lane
and shall not be moved from such lane until the driver has first ascertained
that such movement can be made with safety;
(2) Upon
a roadway which is divided into three lanes, and provides for two-way movement
of traffic, with two lanes in one direction, a vehicle being driven in a
continuous or center lane shall have the right of way when overtaking and
passing another vehicle traveling in the same direction;
(3) Upon a roadway which is divided into three lanes
and provides for two-way movement of traffic, a vehicle shall not be driven in
the center lane except when overtaking and passing another vehicle traveling in
the same direction when such center lane is clear of traffic within a safe
distance, or in preparation for making a left turn, or where such center lane is
at the time allocated exclusively to traffic moving in the same direction that
the vehicle is proceeding and such allocation is designated by official
traffic-control devices or road striping;
(4)
Official traffic-control devices may be erected directing specified traffic,
including but not limited to buses or trucks, to use a designated lane or
designating those lanes to be used by traffic moving in a particular direction
regardless of the center of the roadway, and drivers of vehicles shall obey the
directions of every such device; and
(5) Official
traffic-control devices may be installed prohibiting the changing of lanes on
sections of roadway, and drivers of vehicles shall obey the directions of every
such device.
40-6-49.
[
Index ]
(a) The driver of a motor vehicle shall not follow
another vehicle more closely than is reasonable and prudent, having due regard
for the speed of such vehicles and the traffic upon and the condition of the
highway.
(b) The driver of any motor vehicle which is
drawing another vehicle when traveling upon a roadway outside of a business or
residential district and which is following another motor truck or motor vehicle
drawing another vehicle shall, whenever conditions permit, leave sufficient
space so that an overtaking vehicle may enter and occupy such space without
danger, except that this shall not prevent a motor truck or motor vehicle
drawing another vehicle from overtaking and passing any like vehicle or other
vehicle.
(c) Motor vehicles being driven upon any
roadway outside of a business or residential district in a caravan or motorcade
whether or not towing other vehicles shall be so operated as to allow sufficient
space between each such vehicle or combination of vehicles so as to enable any
other vehicle to enter and occupy such space without danger. This subsection
shall not apply to funeral processions, parades, or other groups of vehicles if
such groups of vehicles are under the supervision and control of a law
enforcement agency.
(d) Vehicles which approach from
the rear any other vehicle or vehicles stopped or slowed to make a lawful turn
shall be deemed to be following for purposes of this Code section.
40-6-50.
[
Index ]
(a) As used in
this Code section, the term 'gore' means the area of convergence between two
lanes of traffic.
(b) Every vehicle driven on a
divided highway shall be driven only upon the right-hand roadway unless directed
or permitted to use another roadway by official traffic-control devices or
police officers. No vehicle shall be driven over, across, or within any dividing
space, barrier, gore, paved shoulder, or section separating the roadways of a
divided highway; except that a vehicle may be driven through an opening in such
physical barrier or dividing space or at an established crossover or
intersection unless specifically prohibited by an official sign, signal, or
control device. No person shall drive a vehicle onto or from any
controlled-access roadway except at such entrances and exits as are established
by public authority. Except as provided for in subsection (c) of this Code
section, no vehicle shall be driven in an emergency lane except in the event of
an actual emergency.
(c) For purposes of this
subsection, 'transit bus' means a bus used for the transportation of passengers
within a system which is operated by or under contract to the state, a public
agency or authority, or a county or municipality of this state. If the
commissioner of transportation permits the use of emergency lanes of a
controlled-access roadway by transit buses in the metropolitan Atlanta
nonattainment area, the commissioner shall designate on which controlled-access
roadways the use of emergency lanes by transit buses may be allowed and upon
such designation the commissioner shall only permit the use on that emergency
lane of a transit bus with a seating capacity of 33 passengers or more. Transit
buses authorized to use the emergency lanes under this subsection may be
operated on the emergency lane only when main lane traffic speeds are less than
35 miles per hour. Drivers of transit buses being operated on the emergency
lanes may not exceed the speed of the main lane traffic by more than 15 miles
per hour and may never exceed 35 miles per hour. Drivers of transit buses being
operated on the emergency lanes must yield to merging, entering, and exiting
traffic and must yield to other vehicles on the emergency lanes. Transit buses
operating on the emergency lanes must be registered with the Department of
Transportation.
40-6-51.
[
Index ]
(a) The Department of Transportation by order and
local authorities by ordinance may regulate or prohibit the use of any
controlled-access roadway within their respective jurisdictions by any class or
kind of traffic which is found to be incompatible with the normal and safe
movement of traffic.
(b) The Department of
Transportation or the local authority adopting any such prohibition shall erect
and maintain official traffic-control devices on the controlled-access highway
on which such prohibitions are applicable, and when such devices are in place no
person shall disobey the restrictions stated thereon.
(c) For purposes of this Code section, roadways
within the jurisdiction of the Department of Transportation and roadways within
the jurisdiction of local authorities shall be as set forth in Code Section
32-4-1.
40-6-52.
[
Index ]
(a) As
used in this Code section, the term 'truck' means any vehicle equipped with more
than six wheels.
(b) On roads, streets, or highways
with three or more lanes allowing for movement in the same direction, it shall
be unlawful for any truck to operate in any lanes other than the two most
right-hand lanes, except when the truck is preparing for a left turn or as
otherwise provided by subsection (d) of this Code section.
(c) On roads, streets, or highways with two lanes
allowing for movement in the same direction, it shall be unlawful for any truck
to operate in the left-hand lane, except when the truck is actually overtaking
and passing another vehicle, preparing for a left turn, or as otherwise provided
by subsection (d) of this Code section.
(d) On
interstate highways with four or more lanes allowing for movement in the same
direction, the Department of Transportation may designate specific lanes that
either prohibit or allow trucks. Where truck usage has been so designated and
indicated as such by signs erected by the Department of Transportation, it shall
be unlawful for any truck to operate in any lanes other than as designated.
40-6-53.
Repealed.
40-6-54.
[
Index ]
(a) The
Department of Transportation may designate travel lanes on any road in the state
highway system for the exclusive use of certain vehicles, as provided in Code
Section 32-9-4; provided, however, that where such designation has been made,
the road shall be appropriately marked with signs or other roadway markers or
markings to inform the traveling public of the restrictions imposed.
(b) Any person who violates subsection (b) of Code
Section 32-9-4 shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine:
(1) Not to exceed $75.00
for the first such offense;
(2) Not to exceed $100.00
for the second such offense;
(3) Not to exceed
$150.00 for the third such offense; and
(4) Not to
exceed $150.00 plus one point on such person´s driver´s license as
provided for under Code Section 40-5-57 for the fourth or subsequent offense.
(c) In the prosecution of an offense committed in the
presence of or witnessed by a law enforcement officer whether by direct
observation or as recorded through means of video surveillance, either by
magnetic imaging or photographic copy, of failure to obey a road sign
restricting a highway or portion thereof to the use of high occupancy vehicles
(HOV), proof that the vehicle described in the HOV violation summons was
operated in violation of this Code section, together with proof that the
defendant was at the time of such violation the registered owner of the vehicle,
shall constitute evidence as a rebuttable presumption that such registered owner
of the vehicle was the person committing the violation. Notwithstanding any
other provision of this subsection to the contrary, said rebuttable presumption
shall be overcome if the owner of said vehicle states, under oath, in open
court, that he or she was not the operator of the vehicle at the time the
alleged offense occurred.
40-6-70.
[
Index ]
(a) When two vehicles approach or enter an
intersection from different highways at approximately the same time, the driver
of the vehicle on the left shall yield the right of way to the vehicle on the
right, provided that when a vehicle approaches or enters an intersection with no
stop signs or other traffic-control devices from a highway that terminates at
the intersection, the driver of that vehicle shall yield the right of way to the
other vehicle, whether the latter vehicle be on such driver´s right or
left. When two vehicles approach or enter an intersection with an inoperative
traffic light, the driver of each vehicle shall be required to stop in the same
manner as if a stop sign were facing in each direction at the intersection. When
a flashing indication is given, the driver shall stop for the flashing red
signal and exhibit caution while passing through a flashing yellow indication.
(b) The right of way rule declared in subsection (a)
of this Code section is modified at through highways and otherwise as stated in
this chapter.
40-6-71.
[
Index ]
The driver of a vehicle intending to turn to the left
within an intersection or into an alley, private road, or driveway shall yield
the right of way to any vehicle approaching from the opposite direction which is
within the intersection or so close thereto as to constitute an immediate
hazard.
40-6-72.
[
Index ]
(a)
Preferential right of way may be indicated by stop signs or yield signs as
authorized in Code Section 32-6-50.
(b) Except when
directed to proceed by a police officer, every driver of a vehicle approaching a
stop sign shall stop at a clearly marked stop line or, if there is no stop line,
before entering the crosswalk on the near side of the intersection or, if there
is no crosswalk, at the point nearest the intersecting roadway where the driver
has a view of approaching traffic on the intersecting roadway before entering
it. After stopping, the driver shall yield the right of way to any vehicle in
the intersection or approaching on another roadway so closely as to constitute
an immediate hazard during the time when such driver is moving across or within
the intersection or junction of roadways.
(c) The
driver of a vehicle approaching a yield sign shall, in obedience to such sign,
slow down to a speed reasonable for the existing conditions and, if required for
safety to stop, shall stop at a clearly marked stop line or, if there is no stop
line, before entering the crosswalk on the near side of the intersection or, if
there is no crosswalk, at the point nearest the intersecting roadway where the
driver has a view of approaching traffic on the intersecting roadway before
entering it. After slowing or stopping, the driver shall yield the right of way
to any vehicle in the intersection or approaching on another roadway so closely
as to constitute an immediate hazard during the time such driver is moving
across or within the intersection or junction of roadways. If such a driver is
involved in a collision with a vehicle in the intersection after driving past a
yield sign without stopping, such collision shall be deemed prima-facie evidence
of his failure to yield the right of way.
40-6-73.
[
Index ]
The driver of a vehicle about to enter or cross a
roadway from any place other than another roadway shall yield the right of way
to all vehicles approaching on the roadway to be entered or crossed.
40-6-74.
[
Index ]
(a) Upon the
immediate approach of an authorized emergency vehicle or a vehicle belonging to
a federal, state, or local law enforcement agency making use of an audible
signal and visual signals meeting the requirements of Code Section 40-6-6, the
driver of every other vehicle shall yield the right of way and shall immediately
drive to a position parallel to, and as close as possible to, the right-hand
edge or curb of the roadway clear of any intersection and shall stop and remain
in such position until the authorized emergency vehicle or law enforcement
vehicle has passed, except when otherwise directed by a police officer.
(b) This Code section shall not operate to relieve
the driver of any authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons using the highway.
40-6-75.
[
Index ]
(a) The driver
of a vehicle shall yield the right of way to any authorized vehicle or
pedestrian actually engaged in work upon a highway within any highway
construction or maintenance area indicated by official traffic-control devices.
(b) The driver of a vehicle shall yield the right of
way to an authorized vehicle actually engaged in work upon a highway whenever
such vehicle displays flashing or revolving amber lights and has a permit to use
such amber lights.
40-6-76.
[
Index ]
(a) As used in this Code section, a 'funeral
procession' means an array of motor vehicles in which the lead vehicle displays
a sign, pennant, flag, or other insignia furnished by a funeral home indicating
a funeral procession unless led by a state or local law enforcement vehicle and
each vehicle participating in the funeral procession is operating its
headlights.
(b) Funeral processions shall have the
right of way at intersections subject to the following conditions and
exceptions:
(1) Operators of vehicles in a funeral
procession shall yield the right of way upon the approach of an authorized
emergency vehicle or law enforcement vehicle giving an audible and visual
signal; and
(2) Operators of vehicles in a funeral
procession shall yield the right of way when directed to do so by a traffic
officer.
(c) Funeral processions escorted by the
police, a sheriff, or a sheriff´s deputy shall have the right of way in any
street or highway through which they may pass. Local governments may, by
ordinance, provide for such escort service and provide for the imposition of
reasonable fees to defray the cost of such service.
(d) The operator of a vehicle not in a funeral
procession shall not interrupt a funeral procession except when authorized to do
so by a traffic officer or when such vehicle is an authorized emergency vehicle
or law enforcement vehicle giving an audible and visual signal.
(e) Operators of vehicles not a part of a funeral
procession shall not join a funeral procession by operating their headlights for
the purpose of securing the right of way granted by this Code section to funeral
processions.
(f) The operator of a vehicle not in a
funeral procession shall not attempt to pass vehicles in a funeral procession on
a two-lane highway.
(g) Any person violating
subsection (d), (e), or (f) of this Code section shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine not to
exceed $100.00.
(h) Any law enforcement officer who
is directing or escorting a funeral procession in this state, whether such
service is provided while on duty or not, shall enjoy the same immunities from
liability as the officer possesses while in the performance of other official
duties.
40-6-90.
[
Index ]
(a) A
pedestrian shall obey the instructions of any official traffic-control device
specifically applicable to him, unless otherwise directed by a police officer.
(b) Pedestrians shall be subject to traffic and
pedestrian control signals as provided in Code Sections 40-6-21 and 40-6-22.
(c) At all other places, pedestrians shall be
accorded the privileges and shall be subject to the restrictions stated in this
chapter.
40-6-91.
[
Index ]
(a)
The driver of a vehicle shall stop and remain stopped to allow a pedestrian to
cross the roadway within a crosswalk when the pedestrian is upon the half of the
roadway upon which the vehicle is traveling, or when the pedestrian is
approaching and is within one lane of the half of the roadway on which the
vehicle is traveling or onto which it is turning. For the purposes of this
subsection, 'half of the roadway' means all traffic lanes carrying traffic in
one direction of travel.
(b) No pedestrian shall
suddenly leave a curb or other place of safety and walk or run into the path of
a vehicle which is so close that it is impractical for the driver to yield.
(c) Subsection (a) of this Code section shall not
apply under the conditions stated in subsection (b) of Code Section 40-6-92.
(d) Whenever any vehicle is stopped at a marked
crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian
to cross the roadway, the driver of any other vehicle approaching from the rear
shall not overtake and pass such stopped vehicle.
40-6-92.
[
Index ]
(a) Every
pedestrian crossing a roadway at any point other than within a marked crosswalk
or within an unmarked crosswalk at an intersection shall yield the right of way
to all vehicles upon the roadway unless he has already, and under safe
conditions, entered the roadway.
(b) Any pedestrian
crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian
crossing has been provided shall yield the right of way to all vehicles upon the
roadway if he uses the roadway instead of such tunnel or crossing.
(c) Between adjacent intersections at which
traffic-control signals are in operation, pedestrians shall not cross at any
place except in a marked crosswalk.
(d) No pedestrian
shall cross a roadway intersection diagonally unless authorized by official
traffic-control devices. When authorized to cross diagonally, pedestrians shall
cross only in accordance with the official traffic-control devices pertaining to
such crossing movements.
40-6-93.
[
Index ]
Notwithstanding other provisions of this chapter,
every driver of a vehicle shall exercise due care to avoid colliding with any
pedestrian upon any roadway, shall give warning by sounding his horn when
necessary, and shall exercise proper precautions upon observing any child or any
obviously confused, incapacitated, or intoxicated person.
40-6-94.
[
Index ]
The driver of
every vehicle shall yield the right of way to any blind pedestrian who is
carrying a walking cane or stick white in color or white tipped with red or who
is accompanied by a guide dog.
40-6-95.
[
Index ]
A person who is under the influence of intoxicating
liquor or any drug to a degree which renders him a hazard shall not walk or be
upon any roadway or the shoulder of any roadway. Violation of this Code section
is a misdemeanor and is punishable upon conviction by a fine not to exceed
$500.00.
40-6-96.
[
Index ]
(a)
Where a sidewalk is provided, it shall be unlawful for any pedestrian to walk
along and upon an adjacent roadway.
(b) Where a
sidewalk is not provided but a shoulder is available, any pedestrian walking
along and upon a highway shall walk only on the shoulder, as far as practicable
from the edge of the roadway.
(c) Where neither a
sidewalk nor a shoulder is available, any pedestrian walking along and upon a
highway shall walk as near as practicable to an outside edge of the roadway,
and, if on a two-lane roadway, shall walk only on the left side of the roadway.
(d) Except as otherwise provided in this chapter, any
pedestrian upon a roadway shall yield the right of way to all vehicles upon the
roadway.
(e) No pedestrian shall enter or remain upon
any bridge or approach thereto beyond the bridge signal, gate, or barrier after
a bridge operation signal indication has been given.
(f) No pedestrian shall pass through, around, over,
or under any crossing gate or barrier at a railroad grade crossing or bridge
while such gate or barrier is closed or is being opened or closed.
40-6-97.
[
Index ]
(a) No person
shall stand in a roadway for the purpose of soliciting a ride.
(b) Except as provided in Code Section 40-6-97.1, no
person shall stand on a highway for the purpose of soliciting employment,
business, or contributions from the occupant of any vehicle.
(c) No person shall stand on or in proximity to a
street or highway for the purpose of soliciting the watching or guarding of any
vehicle while parked or about to be parked on a street or highway.
40-6-97.1.
[
Index ]
Municipal or
county governments are authorized to adopt ordinances for the issuance of
permits for the solicitation of contributions on streets and highways within the
geographic jurisdiction of such governments to charitable organizations
registered in accordance with Code Section 43-17-5 and to charitable
organizations exempt from such registration in accordance with Code Section
43-17-9.
40-6-98.
[
Index ]
No
vehicle shall at any time be driven through or within a safety zone.
40-6-99.
[
Index ]
(a) Upon the
immediate approach of an authorized emergency vehicle making use of an audible
signal meeting the requirements of Code Section 40-8-94, and visual and audible
signals meeting the requirements of Code Section 40-6-6 or a vehicle belonging
to a federal, state, or local law enforcement agency making use of visual and
audible signals meeting the requirements of Code Section 40-6-6, every
pedestrian shall yield the right of way to the authorized emergency vehicle or
law enforcement vehicle.
(b) This Code section shall
not operate to relieve the driver of an authorized emergency vehicle from the
duty to drive with due regard for the safety of all persons using the highway
nor from the duty to exercise due care to avoid colliding with any pedestrian.
40-6-100.
Repealed.
40-6-101.
Repealed.
40-6-120.
[
Index ]
(a) The
driver of a vehicle intending to turn at an intersection shall do so as follows:
(1) Right turn. Both the approach for a right turn
and a right turn shall be made as close as practicable to the right-hand curb or
edge of the roadway;
(2) Left turn. The driver of a
vehicle intending to turn left shall approach the turn in the extreme left-hand
lane lawfully available to traffic moving in the direction of travel of such
vehicle. Whenever practicable, the left turn shall be made to the left of the
center of the intersection and so as to leave the intersection or other location
in the extreme left-hand lane lawfully available to traffic moving in the same
direction as such vehicle on the roadway being entered.
(b) The Department of Transportation and local
authorities in their respective jurisdictions may cause official traffic-control
devices to be placed within or adjacent to intersections or other locations and
thereby require and direct that a different course from that specified in this
Code section be traveled by turning vehicles, and when such devices are so
placed, no driver of a vehicle shall turn a vehicle other than as directed and
required by such devices.
40-6-121.
[
Index ]
No vehicle shall be turned so as to proceed in the
opposite direction:
(1) Upon any curve;
(2) Upon the approach to or near the crest of a grade
where such vehicle cannot be seen by the driver of another vehicle approaching
from either direction;
(3) Where such turn cannot be
made in safety and without interfering with other traffic;
or
(4) Where a prohibition is posted.
40-6-122.
[
Index ]
No person
shall start a vehicle which is stopped, standing, or parked unless and until
such movement can be made with reasonable safety.
40-6-123.
[
Index ]
(a) No person
shall turn a vehicle at an intersection unless the vehicle is in proper position
upon the roadway as required in Code Section 40-6-120 or turn a vehicle to enter
a private road or driveway or otherwise turn a vehicle from a direct course or
change lanes or move right or left upon a roadway unless and until such movement
can be made with reasonable safety. No person shall so turn any vehicle without
giving an appropriate and timely signal in the manner provided in this Code
section.
(b) A signal of intention to turn right or
left or change lanes when required shall be given continuously for a time
sufficient to alert the driver of a vehicle proceeding from the rear in the same
direction or a driver of a vehicle approaching from the opposite direction.
(c) No person shall stop or suddenly decrease the
speed of a vehicle without first giving an appropriate signal in the manner
provided in this Code section to the driver of any vehicle immediately to the
rear when there is an opportunity to give such signal.
(d) The signals provided for in subsection (b) of
Code Section 40-6-124 shall be used to indicate an intention to turn, change
lanes, or start from a parked position and shall not be flashed on one side only
on a parked or disabled vehicle or flashed as a courtesy or 'do pass' signal to
operators of other vehicles approaching from the rear.
40-6-124.
[
Index ]
(a) Any stop
or turn signal when required in this chapter shall be given either by means of
the hand and arm or by signal lights, except as otherwise provided in subsection
(b) of this Code section.
(b) Any motor vehicle in
use on a highway shall be equipped with, and a required signal shall be given
by, signal lights when the distance from the center of the top of the steering
post to the left outside limit of the body, cab, or load of such motor vehicle
exceeds 24 inches or when the distance from the center of the top of the
steering post to the rear limits of the body or load thereof exceeds 14 feet.
The latter measurement shall apply to any single vehicle and also to any
combination of vehicles.
40-6-125.
[
Index ]
All signals required by this article when given by
hand and arm shall be given from the left side of the vehicle in the following
manner and shall indicate as follows:
(1) Left turn,
hand and arm extended horizontally;
(2) Right turn,
hand and arm extended upward;
(3) Stop or decrease
speed, hand and arm extended downward.
40-6-126.
[
Index ]
Whenever a highway or roadway has a central lane in
which traffic may enter from either direction for the purposes of making a left
turn, no vehicle shall be driven into such central lane except for the purpose
of making a left turn, and no vehicle shall enter into such central lane at a
location which is more than 300 feet from the location where the vehicle will
turn left across one or more lanes of oncoming traffic. No vehicle which has
been driven into such a central lane shall be operated in such central lane for
more than 300 feet.
40-6-140.
[
Index ]
(a) Whenever any person driving a vehicle approaches
a railroad grade crossing, such driver shall stop within 50 feet but not less
than 15 feet from the nearest rail of such railroad and shall not proceed until
he can do so safely, when:
(1) A clearly visible
electric or mechanical signal device gives warning of the immediate approach of
a train;
(2) A crossing gate is lowered or a human
flagman gives or continues to give a signal of the approach of the passage of a
train; or
(3) An approaching train is plainly visible
and is in hazardous proximity to such crossing.
(b)
No person shall drive any vehicle through, around, or under any crossing gate or
barrier at a railroad crossing while such gate or barrier is closed or is being
opened or closed.
(c) If no electric or mechanical
signal device is giving warning of the immediate approach of a train, no
crossing gate or barrier is closed, there is no stop sign at the crossing, and
there is no human flagman giving warning, all drivers shall slow to a reasonable
and prudent speed and verify that there is no approaching train prior to
proceeding. For the purposes of this subsection, 'a reasonable and prudent
speed' means a speed slow enough to enable the driver to safely stop the vehicle
prior to reaching the nearest rail of such crossing.
(d) No person shall drive a vehicle over a railroad
grade crossing when a train is approaching.
(e) No
person shall drive a vehicle over a railroad grade crossing if there is
insufficient space to drive completely through the crossing without stopping.
(f) No person shall drive a vehicle over a railroad
grade crossing if there is insufficient undercarriage clearance for the vehicle
to negotiate the crossing.
40-6-141.
[
Index ]
The Department of Transportation and local authorities
with the approval of the department are authorized to designate particularly
dangerous highway grade crossings of railroads and to erect stop signs thereat.
When such stop signs are erected, the driver of any vehicle shall stop within 50
feet but not less than 15 feet from the nearest rail of such railroad and shall
proceed only upon exercising due care.
40-6-142.
[
Index ]
(a) Except as provided in subsection (b) of this Code
section, the driver of any motor vehicle carrying passengers for hire, any bus,
whether or not operated for hire, or of any school bus, whether carrying any
school children or empty, or of any vehicle carrying any hazardous material
listed in Section 392.10 of Title 49 of the Code of Federal Regulations, as
those regulations currently exist or as they may in the future be amended or in
regulations adopted by the commissioner of motor vehicle safety, before crossing
at grade any track or tracks of a railroad, shall stop such vehicle within 50
feet but not less than 15 feet from the nearest rail of such railroad and while
so stopped shall listen and look in both directions along such track for any
approaching train and for signals indicating the approach of a train and shall
not proceed until he can do so safely. After stopping as required in this Code
section and upon proceeding when it is safe to do so, the driver of any such
vehicle shall cross only in such gear of the vehicle that there will be no
necessity for changing gears while traversing such crossing, and the driver
shall not shift gears while crossing the track or tracks.
(b) No stop need be made at any such crossing where:
(1) Traffic is directed to proceed by a police
officer, a firefighter, or a railroad flagman;
(2) A
traffic-control signal directs traffic to proceed;
(3)
The highway crosses an abandoned railroad track which is marked with a sign
indicating its abandoned status, where such signs are erected by or under the
direction of the local or state authority having jurisdiction over the highway;
or
(4) The highway crosses an industrial siding or
spur track marked 'exempt,' where such signs are erected by or under the
direction of the local or state authority having jurisdiction over the highway.
40-6-143.
[
Index ]
(a) No person
shall operate or move a crawler-type tractor, steam shovel, derrick, roller, or
any equipment or structure having a normal operating speed of ten miles per hour
or less or a vertical body or load clearance of less than one-half inch per foot
of the distance between any two adjacent axles or in any event of less than nine
inches, measured above the level surface of a roadway, upon or across any tracks
at a railroad grade crossing without first complying with this Code section.
(b) Notice of any such intended crossing shall be
given to a station agency of such railroad and a reasonable time shall be given
to such railroad to provide proper protection at such crossing.
(c) Before making any such crossing, the person
operating or moving any such vehicle or equipment shall first stop it not less
than 15 feet nor more than 50 feet from the nearest rail of such railroad and
while so stopped shall listen and look in both directions along such track for
any approaching train and for signals indicating the approach of a train and
shall not proceed until the crossing can be made safely.
(d) No such crossing shall be made when warning is
given by automatic signal or crossing gates or a flagman or otherwise of the
immediate approach of a railroad train or car. If a flagman is provided by the
railroad, movement over the crossing shall be under his direction.
40-6-144.
[
Index ]
The driver of
a vehicle emerging from an alley, building, private road, or driveway within a
business or residential district shall stop such vehicle immediately prior to
driving onto a sidewalk or onto the sidewalk area extending across such alley,
building entrance, road, or driveway or, in the event there is no sidewalk area,
shall stop at the point nearest the street to be entered where the driver has a
view of approaching traffic thereon. The driver of a vehicle shall yield the
right of way to any pedestrian on a sidewalk. No person shall drive any vehicle
upon a sidewalk or sidewalk area except upon a permanent or duly authorized
driveway.
40-6-160.
[
Index ]
(a)
Except as otherwise provided in subsection (b) of this Code section, it shall be
unlawful to operate:
(1) A school bus transporting
school children to and from school or to and from school activities at a speed
greater than 40 miles per hour on a public road other than one which is a part
of The Dwight D. Eisenhower System of Interstate and Defense Highways;
or
(2) A school bus transporting school children to
and from school or to and from school activities on a public road which is a
part of The Dwight D. Eisenhower System of Interstate and Defense Highways at a
speed greater than 55 miles per hour.
(b) When a
school bus is transporting school children to or from an event or school
activity or an express bus transporting students from one school to another
school and is not loading or unloading children during such transportation, the
speed limit shall be 55 miles per hour on other public roads as well as on those
public roads which are a part of The Dwight D. Eisenhower System of Interstate
and Defense Highways.
40-6-161.
[
Index ]
(a) It shall be unlawful to operate any school bus
which is transporting children unless the headlights on such school bus are
illuminated.
(b) It shall be unlawful to operate any
school bus which is transporting children unless the driver of the bus is
equipped with one or more devices to allow live communication between the driver
and school officials or public safety officials or both. Such communication may
be provided by two-way radio, cellular telephone, or any other device which
provides similar communications capability.
40-6-162.
[
Index ]
A school bus
driver shall actuate the visual signals required by Code Sections 40-8-111 and
40-8-115 whenever, but only whenever, the school bus is stopped on the highway
for the purpose of receiving or discharging school children. A school bus driver
shall not actuate the visual signals:
(1) At
intersections or other places where traffic is controlled by traffic-control
signals or police officers; or
(2) In designated
school bus loading areas where the bus is entirely off the roadway.
40-6-163.
[
Index ]
(a) Except as
provided in subsection (b) of this Code section, the driver of a vehicle meeting
or overtaking from either direction any school bus stopped on the highway shall
stop before reaching such school bus when there are in operation on the school
bus the visual signals as specified in Code Sections 40-8-111 and 40-8-115, and
such driver shall not proceed until the school bus resumes motion or the visual
signals are no longer actuated.
(b) The driver of a
vehicle upon a highway with separate roadways need not stop upon meeting or
passing a school bus which is on a different roadway, or upon a
controlled-access highway when the school bus is stopped in a loading zone which
is a part of or adjacent to such highway and where pedestrians are not permitted
to cross the roadway.
(c) Every school bus driver who
observes a violation of subsection (a) of this Code section is authorized and
directed to record specifically the vehicle description, license number of the
offending vehicle, and time and place of occurrence on forms furnished by the
Department of Public Safety. Such report shall be submitted within 15 days of
the occurrence of the violation to the local law enforcement agency which has
law enforcement jurisdiction where the alleged offense occurred.
40-6-164.
[
Index ]
After stopping
to allow children to disembark from the bus, it shall be unlawful for the driver
of the school bus to proceed until all children who need to cross the roadway
have done so safely. Any driver willfully violating this Code section shall be
guilty of a misdemeanor.
40-6-180.
[
Index ]
No person shall drive a vehicle at a speed greater
than is reasonable and prudent under the conditions and having regard for the
actual and potential hazards then existing. Consistently with the foregoing,
every person shall drive at a reasonable and prudent speed when approaching and
crossing an intersection or railroad grade crossing, when approaching and going
around a curve, when approaching and traversing a hill crest, when traveling
upon any narrow or winding roadway, and when special hazards exist with respect
to pedestrians or other traffic or by reason of weather or highway conditions.
40-6-181.
[
Index ]
(a) The
limits specified in this Code section or established as authorized in this
article shall be the maximum lawful vehicle speeds, except when a special hazard
exists that requires a lower speed for compliance with Code Section 40-6-180.
(b) Consistent with the provision of engineering and
traffic investigations regarding maximum speed limits as provided in Code
Section 40-6-182, no person shall drive a vehicle at a speed in excess of the
following maximum limits:
(1) Thirty miles per hour
in any urban or residential district;
(1.1)
Thirty-five miles per hour on an unpaved county road unless designated otherwise
by appropriate signs;
(2) Seventy miles per hour on a
highway on the federal interstate system and on physically divided highways with
full control of access which are outside of an urbanized area of 50,000
population or more, provided that such speed limit is designated by appropriate
signs;
(3) Sixty-five miles per hour on a highway on
the federal interstate system which is inside of an urbanized area of 50,000
population or more, provided that such speed limit is designated by appropriate
signs;
(4) Sixty-five miles per hour on those
sections of physically divided highways without full access control on the state
highway system, provided that such speed limit is designated by appropriate
signs; and
(5) Fifty-five miles per hour in other
locations.
(c) The maximum speed limits set forth in
this Code section may be altered as authorized in Code Sections 40-6-182,
40-6-183, and 40-6-188.
40-6-182.
[
Index ]
Whenever the commissioner of public safety or the
commissioner of transportation shall determine upon the basis of an engineering
and traffic investigation that any maximum speed set forth in this article is
greater or less than is reasonable or safe under the conditions found to exist
at any intersection or other place or upon any part of the state highway system,
they may jointly determine and declare a reasonable and safe maximum speed limit
at such place, which shall be effective when appropriate signs giving notice
thereof are erected. Such a maximum speed limit may be declared to be effective
at all times as are indicated upon such signs; and differing limits may be
established for different times of day, different varying weather conditions,
and other factors bearing on safe speeds, which shall be effective when posted
upon appropriate fixed or variable signs. In no case shall the maximum speed
limit for any highway be established at higher than the maximum speed limits set
forth in Code Section 40-6-181 for that type of highway.
40-6-183.
[
Index ]
(a) Whenever
the governing authority of an incorporated municipality or county, in its
respective jurisdiction, determines on the basis of an engineering and traffic
investigation that the maximum vehicle speed permitted under this chapter is
greater than is reasonable and safe under the conditions found to exist upon a
highway or part of a highway under its jurisdiction, such authority may
determine and declare a reasonable and safe maximum vehicle speed limit thereon
which:
(1) Decreases the limit at intersections;
(2) Decreases the limit outside an urban or
residential district, but not to less than 30 miles per hour;
(3) Decreases the limit within an urban or
residential district, but not to less than 25 miles per hour;
or
(4) Decreases any speed limit where a special
hazard or condition exists that requires lower speed for compliance with Code
Section 40-6-180.
(b) Such an authority in its
respective jurisdiction shall determine by an engineering and traffic
investigation the proper maximum speed for all arterial streets and shall
declare a reasonable and safe maximum speed limit thereon which may be greater
or less than the maximum speed permitted under this chapter for an urban
district, but in no case shall the maximum be established at higher than 55
miles per hour.
(c) Any altered limit established as
authorized in this Code section shall be effective at all times or during hours
of darkness or at other times as may be determined when appropriate signs giving
notice thereof are erected upon such street or highway.
(d) Not more than six alterations as authorized in
this Code section shall be made per mile along a street or highway, except in
the case of reduced limits at intersections. The difference between adjacent
limits shall not be more than ten miles per hour, except for reductions for
school speed zones, which may be not more than 20 miles per hour when a warning
sign is placed 700 feet in advance of the point at which the speed reduction is
required.
40-6-184.
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Index ]
(a)(1) No person shall drive a motor vehicle at such
a slow speed as to impede the normal and reasonable movement of traffic, except
when reduced speed is necessary for safe operation.
(2) On roads, streets, or highways with two or more
lanes allowing for movement in the same direction, no person shall continue to
operate a motor vehicle in the most left-hand lane at less than the maximum
lawful speed limit once such person knows or should reasonably know that he is
being overtaken in such lane from the rear by a motor vehicle traveling at a
higher rate of speed, except when such motor vehicle is preparing for a left
turn.
(b) Whenever the commissioner of public safety
or the commissioner of transportation or local authorities determine on the
basis of any engineering and traffic investigation that slow speeds on any part
of a road under their respective jurisdictions impede the normal and reasonable
movement of traffic, such commissioners jointly, or such local authorities, may
determine and declare a minimum speed limit below which no person shall drive a
vehicle except when necessary for safe operation, and that limit shall be
effective when posted upon fixed or variable signs.
40-6-185.
[
Index ]
(a) No person
shall drive a vehicle over any bridge or other elevated structure constituting a
part of a highway at a speed which is greater than the maximum speed which can
be maintained with safety to such bridge or structure, when such structure is
posted as provided in this Code section.
(b) The
Department of Transportation may conduct an investigation of any bridge or other
elevated structure constituting a part of a highway, and, if it shall thereupon
find that such structure cannot, with safety to itself, withstand vehicles
traveling at the speed otherwise permissible under this chapter, the department
shall determine and declare the maximum speed of vehicles which such structure
can safely withstand and shall cause or permit suitable signs stating such
maximum speed to be erected and maintained before each end of such structure.
(c) Upon the trial of any person charged with a
violation of subsection (a) of this Code section, proof of determination of the
maximum speed by the department and the existence of such signs shall constitute
conclusive evidence of the maximum speed which can be maintained with safety to
such bridge or structure.
40-6-186.
[
Index ]
(a) As used in this Code section, the term:
(1) 'Drag race' means the operation of two or more
vehicles from a point side by side at accelerated speeds in a competitive
attempt to outdistance each other or the operation of one or more vehicles over
a common selected course from the same point to the same point for the purpose
of comparing the relative speeds or power of acceleration of such vehicle or
vehicles within a certain distance or time limit.
(2)
'Racing' means the use of one or more vehicles in an attempt to outgain,
outdistance, or prevent another vehicle from passing, to arrive at a given
destination ahead of another vehicle or vehicles, or to test the physical
stamina or endurance of drivers over long-distance driving routes.
(b) No person shall drive any vehicle on a highway in
this state in any race, speed competition or contest, drag race or acceleration
contest, test of physical endurance, exhibition of speed or acceleration, or for
the purpose of making a speed record, and no person shall in any manner
participate in any such race, competition of speed, contest of speed, or test or
exhibition of speed.
(c) Any person convicted of
violating subsection (b) of this Code section shall be guilty of a misdemeanor.
In addition to the punishment prescribed by law, the Department of Public Safety
shall suspend for 12 months the license of any person convicted of such
violation.
40-6-187.
[
Index ]
In
every charge of violation of any speed regulation in this chapter, the summons
or notice to appear shall specify the speed at which the defendant is alleged to
have driven and also the maximum speed applicable within the district or at the
location.
40-6-188.
[
Index ]
(a)
As used in this Code section, the term:
(1) 'Highway
work zone' means a segment of any highway, road, or street where the Department
of Transportation, a county, a municipality, or any contractor for any of the
foregoing is engaged in constructing, reconstructing, or maintaining the
physical structure of the roadway or its shoulders or features adjacent to the
roadway, including without limitation underground or overhead utilities or
highway appurtenances, or any other type of work related thereto.
(2) 'Work zone personnel' means employees of the
Department of Transportation, a county, a municipality, or any contractor for
any of the foregoing.
(b)(1) The Department of
Transportation, any county, or any municipality may designate any segment of a
highway, road, or street under its jurisdiction as a highway work zone.
(2) Whenever a highway work zone is designated
pursuant to paragraph (1) of this subsection, there shall be erected or posted
signage of adequate size at the beginning point of such highway work zone
designating the zone and warning the traveling public that increased penalties
for speeding violations are in effect for the highway work zone, and there shall
be erected or posted at the end of such highway work zone adequate signage
indicating the end of such zone and that increased penalties for speeding
violations are no longer in effect.
(c)(1) The
Department of Transportation or the governing authority of any county or
municipal corporation is authorized to establish a temporary reduction in the
maximum speed limit through any highway work zone located on or adjacent to any
street or highway under its respective jurisdiction. The commissioner of
transportation or the local governing authority shall not be required to conduct
any engineering and traffic investigation in order to establish a reduced speed
limit in a highway work zone pursuant to this paragraph.
(2) Whenever reduced speed zones are established
pursuant to paragraph (1) of this subsection, there shall be erected or posted
signage of adequate size at the beginning point of such speed zone designating
the zone and the speed limit to be observed therein, and there shall be erected
or posted at the end of such speed zone adequate signage indicating the end of
such speed zone, which signage shall also indicate such different speed limit as
may then be observed. Signs indicating such reduced speed limit shall be spaced
not further than one mile apart throughout the highway work zone. Where the
speed limit established pursuant to paragraph (1) of this subsection is at least
ten miles per hour less than the established speed limit on the street or
highway, there shall be erected at least 600 feet in advance of the beginning of
the speed zone a sign of adequate size which shall bear the legend 'Reduced
Speed Ahead.' Whenever any signage is required by this paragraph, the same shall
be in addition to the signage requirements of paragraph (2) of subsection (b) of
this Code section.
(d)(1) Any signage required by
this Code section shall conform to applicable provisions of the Manual on
Uniform Traffic Control Devices; provided, however, that nothing in this Code
section shall prohibit the use of movable or portable speed limit signs in
highway work zones.
(2) Any existing regulatory
signage conflicting with signage erected or posted pursuant to this Code section
shall be removed, covered, folded, or turned so as not to be readable by
oncoming motorists.
(e)(1) In order for a person to
be cited or convicted for exceeding a speed limit, reduced or otherwise, in any
highway work zone as provided in paragraph (2) of this subsection, there must be
present in the highway work zone at the time of the offense the signage required
by this Code section and either:
(A) Work zone
personnel; or
(B) Barriers, on-site work vehicles, or
shoulder or pavement drop offs that constitute a hazard to the traveling public.
(2) A person convicted of exceeding the speed limit,
reduced or otherwise, in any highway work zone designated pursuant to this Code
section shall be guilty of a misdemeanor of a high and aggravated nature and
shall be punished by a fine of not less than $100.00 nor more than $2,000.00 or
by imprisonment for a term not to exceed 12 months, or both.
(f) Whenever the Department of Transportation finds
it necessary to designate a highway work zone within a county or municipality,
the Department of Transportation shall be required to notify the county or
municipality of the work activity; provided, however, that the failure of the
Department of Transportation to give such notice shall not be a defense to any
charge of violating the speed limit in any highway work zone.
40-6-200.
[
Index ]
(a) Except as
otherwise provided in this Code section, every vehicle stopped or parked upon a
two-way roadway shall be stopped or parked with the right-hand wheels parallel
to and within 12 inches of the right-hand curb or as close as practicable to the
right edge of the right-hand shoulder.
(b) Except
when otherwise provided by local ordinance, every vehicle stopped or parked upon
a one-way roadway shall be stopped or parked parallel to the curb or edge of the
roadway, in the direction of authorized traffic movement, with its right-hand
wheels within 12 inches of the right-hand curb or as close as practicable to the
right edge of the right-hand shoulder or with its left-hand wheels within 12
inches of the left-hand curb or as close as practicable to the left edge of the
left-hand shoulder.
(c) Local authorities may by
ordinance permit angle parking on any roadway, except that angle parking shall
not be permitted on any federal-aid or state highway unless the Department of
Transportation has determined that the roadway is of sufficient width to permit
angle parking without interfering with the free movement of traffic.
(d) The department, with respect to highways under
its jurisdiction, may place signs prohibiting, restricting, or limiting the
stopping, standing, or parking of vehicles on any highway where, in its opinion,
as evidenced by resolution or order entered in its minutes, such stopping,
standing, or parking is dangerous to those using the highway or where the
stopping, standing, or parking of vehicles would unduly interfere with the free
movement of traffic thereon. Such signs shall be official signs, and no person
shall stop, stand, or park any vehicle in violation of the restrictions on such
signs.
40-6-201.
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Index ]
No
person driving or in charge of a motor vehicle shall permit it to stand
unattended without first stopping the engine, locking the ignition, effectively
setting the brake, and, when the vehicle is standing upon any grade, turning the
front wheels to the curb or side of the highway.
40-6-202.
[
Index ]
Outside of a
business or residential district, no person shall stop, park, or leave standing
any vehicle, whether attended or unattended, upon the roadway when it is
practicable to stop, park, or so leave such vehicle off the roadway; but in
every event, an unobstructed width of the highway opposite a standing vehicle
shall be left for the free passage of other vehicles, and a clear view of the
stopped vehicle shall be available from a distance of 200 feet in each direction
upon the highway.
40-6-203.
[
Index ]
(a) Except when necessary to avoid conflict with
other traffic, or in compliance with law or the directions of a police officer
or official traffic-control device, no person shall:
(1) Stop, stand, or park a vehicle:
(A) On the roadway side of any vehicle stopped or
parked at the edge of a curb of a street;
(B) On a
sidewalk;
(C) Within an intersection;
(D) On a crosswalk;
(E)
Between a safety zone and the adjacent curb or within 30 feet of points on the
curb immediately opposite the ends of a safety zone, unless a different length
is indicated by signs or markings;
(F) Alongside or
opposite any street excavation or obstruction when stopping, standing, or
parking would obstruct traffic;
(G) Upon any bridge
or other elevated structure upon a highway or within a highway tunnel;
(H) On any railroad tracks;
(I) On any controlled-access highway;
(J) In the area between roadways of a divided
highway, including crossovers; or
(K) At any place
where official signs prohibit stopping;
(2) Stand or
park a vehicle, whether occupied or not, except momentarily to pick up or
discharge a passenger or passengers:
(A) In front of
a public or private driveway;
(B) Within 15 feet of a
fire hydrant;
(C) Within 20 feet of a crosswalk at an
intersection;
(D) Within 30 feet upon the approach to
any flashing signal, stop sign, yield sign, or traffic-control signal located at
the side of a roadway;
(E) Within 20 feet of the
driveway entrance to any fire station or on the side of a street opposite the
entrance to any fire station within 75 feet of such entrance (when properly
posted); or
(F) At any place where official signs
prohibit standing; or
(3) Park a vehicle, whether
occupied or not, except temporarily for the purpose of and while actually
engaged in loading or unloading property or passengers:
(A) Within 50 feet of the nearest rail of a railroad
crossing; or
(B) At any place where official signs
prohibit parking.
(b) No person shall move a vehicle
not lawfully under his control into any prohibited area or to such a distance
away from the curb as is unlawful.
(c)
Notwithstanding any other provision of law, any vehicle used solely for the
purpose of collecting municipal solid waste or recovered materials as defined in
Code Section 12-8-22 may stop or stand on the road, street, or highway for the
sole purpose of collecting such waste or materials; provided, however, that such
vehicle shall maintain flashing hazard lights at all times that it is engaged in
stopping or standing for the purpose of waste or materials collection.
40-6-204.
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Index ]
Code Sections
40-6-200, 40-6-202, and 40-6-203 shall not apply to the driver of any vehicle
which is disabled while on the roadway in such a manner and to such extent that
it is impossible to avoid stopping and temporarily leaving such disabled vehicle
in such position.
40-6-205.
[
Index ]
No driver shall enter an intersection unless there is
sufficient space on the other side of the intersection to accommodate the
vehicle he is operating without obstructing the passage of other vehicles or
pedestrians, notwithstanding any traffic-control signal indication to proceed.
40-6-206.
[
Index ]
(a) Whenever
any police officer finds a vehicle in violation of any of the provisions of Code
Section 40-6-202, such officer is authorized to move such vehicle or require the
driver or other person in charge of the vehicle to move it to a position off the
roadway.
(b) Any police officer is authorized to
remove or cause to be removed to a place of safety any unattended vehicle
illegally left standing upon any highway, bridge, or causeway or in any tunnel.
(c) Any police officer is authorized to remove or
cause to be removed to the nearest garage or other place of safety any vehicle
found upon a highway when:
(1) Report has been made
that such vehicle has been stolen or taken without the consent of its owner;
(2) The person or persons in charge of such vehicle
are unable to provide for its custody or removal;
(3)
The person driving or in control of such vehicle is arrested for an alleged
offense for which the officer is required by law to take the person arrested
before a proper magistrate without unnecessary delay;
(4) Any such vehicle has been left unattended for 24
hours or more; or
(5) Such vehicle is stopped, except
when traffic congestion makes movement impossible, on a controlled-access
highway which is part of The Dwight D. Eisenhower System of Interstate and
Defense Highways for more than eight hours, unless such vehicle constitutes a
traffic hazard, in which case it may be removed immediately.
(d) Because uninsured vehicles pose a threat to the
public safety and health, any law enforcement officer is authorized to remove or
cause to be removed to the nearest garage or other place of safety the vehicle
of a person who is charged under subsection (a) or (b) of Code Section 40-6-10
if such person admits to the law enforcement officer that there is no insurance
in effect on the vehicle or if the law enforcement officer verifies that the
proof of insurance provided by such person is fraudulent.
40-6-207.
[
Index ]
(a) The owner
of any motor vehicle leased to another shall not be liable for a state, county,
or municipal traffic or parking violation occurring while such leased vehicle
was not in the owner´s possession or control, if upon notice of the
violation the owner notifies the clerk of the court in which the case is pending
of the name and address of the lessee of the vehicle on the date the violation
occurred. If the owner fails to submit the notice, the court in which the case
is heard may find the owner of the motor vehicle liable for the violation.
(b) After providing the name and address of the
lessee, the owner shall not be required to attend a hearing on the offense,
unless notified that the offense occurred through a mechanical failure of the
vehicle which resulted from the owner´s failure to maintain the vehicle.
(c) The owner of any leased vehicle shall be liable
for any violation which was caused by the owner´s failure to maintain the
vehicle properly. The lessee claiming the violation resulted from the
owner´s failure to maintain the vehicle properly shall notify the clerk of
the court in which the case is pending along with the owner of the vehicle of
the claim within seven days after receiving notice of the violation or at least
ten days prior to the date the case will be heard by the court, whichever is
later.
40-6-208.
[
Index ]
(a) In
all parking lots, parking decks, and other such facilities owned or operated by
any public transit authority or established for the exclusive purpose of
providing parking for passengers of rapid rail or public transit buses, it shall
be unlawful to:
(1) Stop, stand, or park a vehicle
other than in marked spaces designed for that purpose;
(2) Stop, stand, or park a vehicle on any yellow
curb;
(3) Stop, stand, or park a vehicle in any
location which results in impeding ingress or egress to said facility or which
results in impeding the free passage of any other vehicle;
(4) Leave any vehicle unattended in areas designated
as 'kiss-ride' or designated as 'attended vehicles only';
(5) Stop, stand, or park any taxicab or other vehicle
for hire, whether attended or unattended, in any area not specifically
designated for such vehicles;
(6) Stop, stand, or
park any vehicle for the purpose of loading or unloading passengers, except in
areas specifically designated for that use, such as 'kiss-ride' or 'passenger
drop-off' areas;
(7) Stop, stand, or park any vehicle
for a period in excess of 24 hours unless such parking area is designated
'overnight' or 'long-term' parking;
(8) Stop, stand,
or park any vehicle for any purpose other than to board the rapid rail car or
public transit bus serving such parking lot; or
(9)
Create or maintain any fire or flame, including fires or flames for cooking or
grilling, or to fail to extinguish said fire or flame and to remove from such
public transit parking facility all debris and residue associated with the
creation and maintenance of said fire or flame.
(b)
Any person violating subsection (a) of this Code section shall be subject to a
fine levied by the municipality or, in the case of properties located outside
the boundaries of a municipality, by the county in which the offense occurs.
Such offense shall be cited by the issuance of a written citation which shall be
left on the violator´s vehicle and which shall contain, at a minimum:
(1) The nature of the violation;
(2) The amount of the fine which will be levied for
such violation;
(3) That the cited individual has the
right to contest the citation and be given an opportunity to be heard;
(4) The location of the court in which the cited
individual must appear within five days of the date of the citation to contest
same; and
(5) The location at which fines may be paid.
(c) Nothing in this Code section shall be construed
to limit the enforcement of any other provision of state law which may be
applicable, including, but not limited to, Part 2 of this article, the 'Parking
Law For Persons With Disabilities,' and the uniform rules of the road.
40-6-220.
[
Index ]
This part
shall be known and may be cited as the 'Parking Law for Persons with
Disabilities.'
40-6-221.
[
Index ]
As used in this part, the term:
(1) 'Counterfeit' means any copy of any kind of
parking permit for persons with disabilities which is not authorized by and does
not carry the official seal of the Department of Motor Vehicle Safety.
(2) 'Institution' means an institution for which a
permit or conditional permit may be issued under Article 1 of Chapter 7 of Title
31.
(3) 'Parking place for persons with disabilities'
means any area on public or private property which has been designated as
reserved for use of persons with disabilities as follows:
(A) By a blue metal reflective sign which is at least
12 inches in width and 18 inches in length and is erected at a height of seven
feet from the bottom of the sign to its ground surface and in such manner that
it will not be obscured by a vehicle parked in the space and bearing the
following words: 'Permit Parking Only,' 'Tow-Away Zone,' and the international
symbol for accessibility. The warnings required in this subparagraph shall be
centered on the sign, printed in white, and shall occupy not less than 75
percent of the surface area of the sign. The sign required by this subparagraph
shall be the official authorized sign for parking place designations for persons
with disabilities in this state. In addition, parking spaces which are required
by Code Section 30-3-6 shall be designated as 'For Disabled Persons With
Ambulatory Assistive Devices Only'; or
(B) Where the
parking place is on private property, is constructed solely from concrete, was
used by the public or finished prior to July 1, 1987, and which is designated by
having imprinted and maintained in reflective paint upon each such place the
words 'Tow-Away Zone' or 'Parking Only for Persons with Disabilities' or the
universal symbol of accessibility, that designation shall be deemed to meet the
requirements of subparagraph (A) of this paragraph until such time as that
concrete lot is renovated, repaired, or remodeled, at which time a sign shall be
erected which shall comply with the requirements of subparagraph (A) of this
paragraph.
(4) 'Permanently disabled person' means a
person with disabilities whose disability or incapacity can be expected to last
for more than 180 days.
(5) 'Person with
disabilities' means a person who:
(A) Is so
ambulatorily disabled that he or she cannot walk 200 feet without stopping to
rest;
(B) Cannot walk without the use of or
assistance from a brace, a cane, a crutch, another person, a prosthetic device,
a wheelchair, or other assistive device;
(C) Is
restricted by lung disease to such an extent that his or her forced respiratory
volume for one second, when measured by spirometry, is less than one liter, or
when at rest, his or her arterial oxygen tension is less than 60 millimeters of
mercury on room air;
(D) Uses portable oxygen;
(E) Has a cardiac condition to the extent that his or
her functional limitations are classified in severity as Class III or Class IV
according to standards set by the American Heart Association;
or
(F) Is severely limited in his or her ability to
walk due to an arthritic, neurological, or orthopedic condition or complications
due to pregnancy.
(5.1) 'Practitioner of the healing
arts' means a person holding a license to practice medicine, podiatric medicine,
or chiropractic issued pursuant to Article 2 of Chapter 34 of Title 43, Chapter
35 of Title 43, or Chapter 9 of Title 43, respectively.
(6) 'Ramp' shall mean, in addition to any other
specified meanings:
(A) Any ramp or curb ramp as
defined in ANSI A117.1-1986 by Chapter 3 of Title 30;
and
(B) Any vehicle mounted lift used by handicapped
persons for the purpose of access to and from the vehicle upon which it is
mounted.
(7) 'Temporarily disabled person' means a
person with disabilities whose disability or incapacity can be expected to last
for not more than 180 days and shall include, but not be limited to, any woman
who is pregnant and who presents a sworn affidavit of a medical doctor attesting
to a medical need for access to parking for persons with disabilities.
40-6-222.
[
Index ]
(a) The
Department of Motor Vehicle Safety shall issue parking permits for persons with
disabilities at every place where it issues drivers´ licenses. The
department shall also receive applications for and issue parking permits for
persons with disabilities by mail and shall by regulation require such proof of
disability or incapacity as is necessary to issue such permits by mail. Permits
shall be in such form as the department prescribes but shall be of sufficient
size and sufficiently distinctively marked to be easily visible when placed on
or affixed to the driver´s side of the dashboard or hung from the rearview
mirror of the parked vehicle. Permits shall be made of plastic or heavyweight
cardboard and shall be of sufficient quality to ensure that the coloring of the
permit and the ink used thereon will resist fading for a period of at least four
years. Permits shall be issued to individuals, and the name of the individual
and an identification number shall appear on the permit. The individual to whom
a permit is issued may use the permit for any vehicle he or she is operating or
in which he or she is a passenger. Permits shall also be issued to institutions
when the primary purpose of a vehicle operated by the institution is to
transport individuals with disabilities. The name of the institution, the
license number of the particular vehicle, and an identification number shall
appear on the permit. The institution may use such permit only for a vehicle
which is operated by the institution and which is used primarily to transport
individuals with disabilities.
(b) The department
shall issue a temporary permit to any temporarily disabled person upon
presentation of an affidavit of a practitioner of the healing arts stating that
such person is a temporarily disabled person, the specific disability that
limits or impairs the ability to walk, and a date until which such person is
likely to remain disabled. The temporary permit shall be predominantly red in
color and shall show prominently on its face an expiration date the same as the
date specified by the physician for the likely termination of the disability,
which date shall not be more than 180 days after the date the permit is issued.
The expiration date shall be printed in a size of print that is legible when the
permit is hung from the rearview mirror or displayed on the driver´s side
of the dashboard.
(c) The department shall issue a
permanent permit to any person who is obviously permanently disabled and to any
other permanently disabled person upon presentation of an affidavit of a
practitioner of the healing arts stating that such person is a permanently
disabled person and the specific disability that limits or impairs the ability
to walk. The department shall also issue a permanent permit to an institution
which operates vehicles used primarily for the transportation of individuals
with disabilities, upon presentation of a certification from the institution
regarding use of its vehicles. The institution shall receive permits only for
the number of vehicles so used and shall affix the permits to the driver´s
side of the dashboards of such vehicles. The permanent permit shall be
predominantly blue in color and shall show prominently on its face an expiration
date four years from the date it is issued. The expiration date shall be printed
in a size of print that is legible when the permit is hung from the rearview
mirror or displayed on the driver´s side of the dashboard.
(d) Any individual to whom a specially designated
disabled veteran´s license plate has been issued pursuant to Code Sections
40-2-69 through 40-2-72 and any individual to whom a specially designated
disabled person´s license plate has been issued pursuant to Code Section
40-2-74 shall be authorized to park the passenger motor vehicle on which the
specially designated license plate is attached in a parking place for persons
with disabilities without the necessity of obtaining a parking permit for
persons with disabilities pursuant to this part.
(e)
The department shall issue a special permanent permit to any person who:
(1) Because of a physical disability drives a motor
vehicle which has been equipped with hand controls for the operation of the
vehicle´s brakes and accelerator; or
(2) Is
physically disabled due to the loss of, or loss of use of, both upper
extremities.
This special permanent permit shall be
gold in color and shall show prominently on its face an expiration date four
years from the date it is issued. The expiration date shall be printed in a size
of print that is legible when the permit is hung from the rearview mirror or
displayed on the driver´s side of the dashboard. Such a special permit may
be used in the same manner as, and shall be subject to the provisions of this
part relating to, other permanent parking permits for persons with disabilities
and may also be used as provided in Code Section 10-1-164.1. In addition to any
other required printing, the following shall be printed upon this special gold
permit:
'Code Section 10-1-164.1 of the Official Code
of Georgia Annotated requires that any owner or operator of a gasoline station
that sells full-service gasoline at one price and self-service at a lower price
shall provide the service of dispensing gasoline at the self-service price for
the holder of this special permit when such holder requests such service and is
the operator of the vehicle and is not accompanied by another person 16 years of
age or older who is not mobility impaired or
blind.'
40-6-223.
[
Index ]
The
Department of Motor Vehicle Safety shall not charge or collect any fee for
issuing parking permits for persons with disabilities under this part.
40-6-224.
[
Index ]
State and
local authorities shall honor visitors´ out-of-state handicapped license
plates or persons with disabilities license plates and similar special parking
permits on the same basis as license plates for persons with disabilities and
special parking permits issued within this state.
40-6-224.1.
Repealed.
40-6-225.
[
Index ]
Any business
entity may elect to designate parking places for persons with disabilities for
the nonambulatory. Such parking places for the nonambulatory shall be in
addition to any parking places for persons with disabilities required by Chapter
3 of Title 30. Such parking places for the nonambulatory shall be clearly marked
by a sign bearing the words 'Parking for Persons with
Disabilities—nonambulatory persons only.' Such parking places for the
nonambulatory shall only be utilized for the purpose of allowing a nonambulatory
permanently disabled person to enter or get out of a vehicle while in such
parking place. A vehicle in a parking place for the nonambulatory shall be
required to have a valid unexpired parking permit for persons with disabilities
or a specially designated license plate for disabled persons authorized under
subsection (d) of Code Section 40-6-222. For the purposes of this Code section,
the term 'nonambulatory permanently disabled person' means a person who is
permanently disabled as a result of the loss or loss of use of one or both legs
and who is dependent upon crutches, a walker, or a wheelchair for locomotion.
40-6-226.
[
Index ]
(a) It shall
be unlawful for any person to stop, stand, or park any vehicle in a parking
place for persons with disabilities unless there is displayed on the
driver´s side of the dashboard or hung from the rearview mirror of the
parked vehicle a valid unexpired parking permit for persons with disabilities or
unless there is attached to the vehicle a specially designated license plate for
disabled veterans or other disabled persons authorized under subsection (d) of
Code Section 40-6-222.
(a.1) It shall be unlawful for
any person to stop, stand, or park any vehicle in a parking place for persons
with disabilities which is designated 'For Persons With Disabled Ambulatory
Assistive Devices Only' unless:
(1) There is
displayed on the driver´s side of the dashboard or hung from the rearview
mirror of the parked vehicle a valid unexpired parking permit for persons with
disabilities or unless there is attached to the vehicle a specially designated
license plate for disabled veterans or other disabled persons authorized under
subsection (d) of Code Section 40-6-222; and
(2) A
person with disabilities who is using a wheelchair, crutches, walker, or other
ambulatory assistive device is the driver of or a passenger in such vehicle.
(b)(1) It shall be unlawful for any person to stop,
stand, or park any vehicle in a parking place for persons with disabilities
except for the purpose of allowing a disabled person to enter or get out of such
vehicle while in such parking place. However, nothing in this paragraph shall
prevent an ambulance or emergency vehicle from stopping in a parking place for
persons with disabilities.
(2) It shall be unlawful
for any person to stop, stand, or park any vehicle in a parking place for the
nonambulatory as provided by a business pursuant to the provisions of Code
Section 40-6-225 except for the purpose of allowing a nonambulatory permanently
disabled person to enter or get out of such vehicle while in such parking place.
However, nothing in this paragraph shall prevent an ambulance or emergency
vehicle from stopping in a parking place for the nonambulatory.
(3) It shall be unlawful for any person to stop,
stand, or park any vehicle in any area directly connecting with a parking place
for persons with disabilities which area is clearly designed and designated for
access to such parking place for persons with disabilities.
(c) It shall be unlawful for any person to obtain by
fraud or counterfeit a parking permit for persons with disabilities.
(c.1) It shall be unlawful for any person to
knowingly and willfully make a false or misleading statement in an application
for a parking permit for persons with disabilities or in the affidavit of a
practitioner of the healing arts stating that an applicant is a disabled person.
(d) It shall be unlawful for any person or
institution, other than the one to whom a parking permit for persons with
disabilities or specially designated license plate for the disabled person is
issued, to make use of a parking permit for persons with disabilities or
specially designated license plate for a disabled person. It shall be unlawful
for any person to use a parking permit for persons with disabilities for any
institutional vehicle other than the vehicle for which the permit has been
issued.
(e) No person shall park a vehicle so as to
block any entrance or exit ramp used by persons with disabilities on public or
private property.
(f)(1) Any person violating
subsection (c) or (c.1) of this Code section shall be guilty of a misdemeanor.
(2) Any person violating subsection (a), (a.1), (b),
(d), or (e) of this Code section shall be subject to a fine of not less than
$100.00 and not more than $500.00.
(g) In addition to
the penalties provided for in subsection (f) of this Code section, any vehicle
which is illegally parked in a parking place for persons with disabilities which
is marked by a sign bearing the words 'Tow-Away Zone' as described in paragraph
(3) of Code Section 40-6-221 on public or private property may be towed away or
caused to be towed away by a proper law enforcement agency or the official
security agency of said property at the expense of the owner of the vehicle or,
if the vehicle is leased or rented, at the expense of the person responsible for
payment on the lease or rental agreement.
(h) A
property owner who is required to provide parking places for persons with
disabilities shall designate each such place with a sign meeting the applicable
requirements specified therefor by paragraph (3) of Code Section 40-6-221 and
upon failure so to designate each such parking place for persons with
disabilities shall be subject to a fine of $150.00 for each place which is not
so designated; provided, however, that the fine will be waived if the required
designation is made within 14 days from the date of citation. If that property
owner fails or refuses to designate properly the parking places for persons with
disabilities within such 14 days, the property owner shall, on the fifteenth day
after receiving the citation, be subject to the $150.00 fine for each place and
an additional $5.00 fine for each place for each day that the owner fails to
comply with provisions of this subsection until the places are properly
designated. All fines assessed under this subsection shall be paid into the
treasury of the city or county issuing the citation against the owner.
40-6-227.
[
Index ]
The provisions
of this part are applicable to both public and private property; and all law
enforcement officers of this state and its political subdivisions are expressly
authorized to enforce the provisions of this part on private property as well as
on public property.
40-6-228.
[
Index ]
(a) Any county or municipal law enforcement agency of
the state which is empowered to enforce the provisions of this part may, in its
discretion, appoint any person who is a citizen of the United States, is of good
moral character, has not previously been convicted of a felony, and is a person
with disabilities as defined in paragraph (5) of Code Section 40-6-221 to
enforce the provisions of Code Section 40-6-226 within the county or
municipality in which the appointing law enforcement agency exercises
jurisdiction. Each person appointed pursuant to this Code section shall take and
subscribe an oath of office as prescribed by the appointing authority. Any
person appointed and sworn pursuant to this subsection shall be authorized to
enforce the provisions of this part in the same manner as any law enforcement
officer of the state or any county or municipality of the state subject to the
limitations provided in subsections (b) and (c) of this Code section.
(b) No person appointed pursuant to subsection (a) of
this Code section shall be deemed a peace officer under the laws of this state
or:
(1) Be deemed an employee of or receive any
compensation from the state, county, municipality, or appointing law enforcement
agency, but the appointing law enforcement agency shall provide any person so
appointed with a uniform consisting of a pith helmet and a windbreaker jacket
which shall remain the property of the appointing law enforcement agency;
(2) Be required to complete any training or be
certified pursuant to the requirements of Chapter 8 of Title 35;
(3) Have the power or duty to enforce any other
traffic or criminal laws of the state, county, or municipality;
(4) Have the power to possess and carry firearms and
other weapons for the purpose of enforcing the parking laws for persons with
disabilities; provided, however, that a person who possesses a valid license to
carry a pistol or revolver issued under Code Section 40-11-129 and who carries
such weapon in a manner permitted under Code Section 40-11-126 shall not be in
violation of this paragraph; or
(5) Be entitled to any
indemnification from the state, county, or municipality for any injury or
property damage sustained by such person as a result of attempting to enforce
the parking laws of the state for persons with disabilities.
(c) Neither the state nor any county, municipality,
or other political subdivision of the state or any department, agency, board, or
officer of the state or any county, municipality, or political subdivision of
the state shall be liable or accountable for or on account of any act or
omission of any person appointed pursuant to this Code section in connection
with such person´s enforcement of the provisions of Code Section 40-6-226.
(d) It shall be unlawful for any person willfully to
obstruct, resist, impede, or interfere with any person appointed pursuant to
this Code section in connection with such person´s enforcement of Code
Section 40-6-226 or to retaliate or discriminate in any manner against such
person as a reprisal for any act or omission of such person. Any violation of
this subsection shall be punishable as a misdemeanor.
40-6-240.
[
Index ]
(a) A driver
shall not back a vehicle unless such movement can be made with safety and
without interfering with other traffic.
(b) A driver
of a vehicle shall not back a vehicle upon any shoulder or roadway of any
controlled-access highway.
40-6-241.
[
Index ]
A driver shall exercise due care in operating a motor
vehicle on the highways of this state and shall not engage in any actions which
shall distract such driver from the safe operation of such vehicle, provided
that the proper use of a radio, citizens band radio, or mobile telephone shall
not be a violation of this Code section.
40-6-242.
[
Index ]
(a) No person shall drive a vehicle when it is so
loaded or when there are in the front seat such a number of persons, exceeding
three, as to obstruct the view of the driver to the front or sides of the
vehicle or as to interfere with the driver´s control over the driving
mechanism of the vehicle.
(b) No passenger in a
vehicle shall ride in such position or commit any act as to interfere with the
driver´s view ahead or to the sides or to interfere with his control over
the driving mechanism of the vehicle.
40-6-243.
[
Index ]
No person shall open the door of a motor vehicle on
the side available to moving traffic unless and until it is reasonably safe to
do so and can be done without interfering with the movement of other traffic,
nor shall any person leave a door open on the side of a vehicle available to
moving traffic for a period of time longer than necessary to load or unload
passengers.
40-6-244.
[
Index ]
No
driver of a motor vehicle shall allow a person or persons to occupy a towed
house trailer while it is being towed by a motor vehicle upon a public highway.
40-6-245.
[
Index ]
The driver of
a vehicle traveling through a defile or canyon or on a mountain highway shall
hold such vehicle under control and as near the right-hand edge of the highway
as reasonably possible and, except when driving entirely to the right of the
center of the roadway, shall give audible warning with the horn of such vehicle
upon approaching any curve where the view is obstructed within a distance of 200
feet along the highway.
40-6-246.
[
Index ]
(a) The driver of any motor vehicle when traveling
upon a down grade shall not coast with the gears or transmission of such vehicle
in neutral.
(b) The driver of a truck or bus when
traveling upon a down grade shall not coast with the clutch disengaged.
40-6-247.
[
Index ]
The driver of
any vehicle other than one on official business shall not follow any fire
apparatus traveling in response to a fire alarm or any other emergency vehicle
closer than 200 feet and shall not park such vehicle within 500 feet of any fire
apparatus stopped in answer to a fire alarm.
40-6-248.
[
Index ]
No vehicle
shall be driven over any unprotected hose of a fire department when laid down on
any street, private road, or driveway to be used at any fire or alarm of fire,
without consent of the fire department official in command.
40-6-249.
[
Index ]
A person
littering a highway in violation of Part 2 of Article 2 of Chapter 7 of Title
16, the 'Litter Control Law,' shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished as provided in Code Section 40-7-43.
40-6-250.
[
Index ]
No person
shall operate a motor vehicle while wearing a headset or headphone which would
impair such person´s ability to hear, nor shall any person while operating
a motor vehicle wear any device which impairs such person´s vision;
provided, however, that a person may wear a headset or headphone for
communication purposes only while operating a motorcycle. This Code section
shall not apply to hearing aids or instruments for the improvement of defective
human hearing, eyeglasses, or sunglasses. This Code section shall not apply to
any law enforcement officer or firefighter equipped with any communications
device necessary in the performance of such person´s duties.
40-6-251.
[
Index ]
(a) No driver
of any motor vehicle shall operate the vehicle upon the public streets,
highways, public or private driveways, airport runways, or parking lots in such
a manner as to create a danger to persons or property by intentionally and
unnecessarily causing the vehicle to move in a zigzag or circular course or to
gyrate or spin around, except to avoid a collision or injury or damage.
(b) The offenses described in this Code section shall
be sufficiently identified on any traffic ticket, warrant, accusation, or
indictment when referred to as 'laying drags.'
(c)
This Code section shall not apply to drivers operating vehicles in or on any
raceway, drag strip, or similar place customarily and lawfully used for such
purposes.
(d) Any person violating subsection (a) of
this Code section shall be guilty of a misdemeanor.
40-6-252.
[
Index ]
(a) No person
shall, after having been requested not to do so by a law enforcement officer or
an authorized agent of the owner, park or stand an occupied or unoccupied motor
vehicle in or repeatedly drive a motor vehicle through or within a parking area
located on privately owned property and provided by a merchant, group of
merchants, or shopping center or other facility for customers if:
(1) The parking area is identified by at least one
sign as specified in this paragraph, and if the parking area contains more than
150 parking spaces then by at least one such sign at each entrance to the
parking area, each such sign containing the following information in
easy-to-read printing:
(A) Notice of this Code
section;
(B) Identification of the property which is
reserved for customers´ use only;
(C)
Identification of the merchant, group of merchants, or shopping center or other
similar facility providing the parking area; and
(D)
Warning that violators will be prosecuted; and
(2) The
motor vehicle is parked, is standing, or is being operated other than for the
purpose of:
(A) Transporting some person to or from
the interior of the place of business of a merchant identified by the sign or
signs in the parking area or to or from the interior of the shopping center or
other facility so identified;
(B) Making use of a
telephone, vending machine, automatic teller machine, or other similar facility
located in the parking area;
(C) Meeting the
requirements of a situation in which it has unexpectedly become impossible or
impractical for the motor vehicle to continue to travel on the public roads;
or
(D) Carrying out an activity for which express
permission has been given by the owner of the parking area or an authorized
representative of the owner.
(b) Any person who
violates subsection (a) of this Code section shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine:
(1) Not to exceed $50.00 for the first such offense;
(2) Not to exceed $100.00 for the second such
offense; and
(3) Not to exceed $150.00 for the third
or subsequent such offense.
(c) The governing
authority of any municipal corporation by ordinance may adopt by reference the
provisions of subsection (a) of this Code section without publishing or posting
in full the provisions thereof. Any person violating any such ordinance shall be
subject to a monetary fine:
(1) Not to exceed $50.00
for the first such violation;
(2) Not to exceed
$100.00 for the second such violation; and
(3) Not to
exceed $150.00 for the third or subsequent such violation.
40-6-253.
[
Index ]
(a) As used
in this Code section, the term:
(1) 'Alcoholic
beverage' means:
(A) Beer, ale, porter, stout, and
other similar fermented beverages, including sake or similar products, of any
name or description containing one-half of 1 percent or more of alcohol by
volume, brewed or produced from malt, wholly or in part, or from any substitute
therefor;
(B) Wine of not less than one-half of 1
percent of alcohol by volume; or
(C) Distilled spirits
which is that substance known as ethyl alcohol, ethanol, or spirits of wine in
any form, including all dilutions and mixtures thereof from whatever source or
by whatever process produced.
(2) 'Open alcoholic
beverage container' means any bottle, can, or other receptacle that:
(A) Contains any amount of alcoholic beverage;
and
(B)(i) Is open or has a broken seal;
or
(ii) The contents of which are partially removed.
(3) 'Passenger area' means the area designed to seat
the driver and passengers while a motor vehicle is in operation and any area
that is readily accessible to the driver or a passenger while in his or her
seating position; provided, however, that such term does not include any locked
glove compartment or, in a passenger car not equipped with a trunk, any area
behind the rearmost upright seat or not normally occupied by the driver or
passengers.
(b)(1) A person shall not:
(A) Consume any alcoholic beverage;
or
(B) Possess any open alcoholic beverage
container
in the passenger area of any motor vehicle
which is on the roadway or shoulder of any public highway.
(2) The provisions of paragraph (1) of this
subsection shall not apply to any passenger in the passenger area of a motor
vehicle designed, maintained, or used primarily for the transportation of
persons for compensation or in the living quarters of a motor home or house
trailer.
(3) Only a person who consumes an alcoholic
beverage or possesses an open alcoholic beverage container in violation of this
Code section shall be charged with such offense; provided, however, that an
operator of a motor vehicle who is alone in the passenger area of such motor
vehicle shall be deemed to be in possession of any open alcoholic beverage
container in such passenger area.
(c) Any person who
violates this Code section is subject to a fine not to exceed $200.00.
40-6-253.1.
[
Index ]
(a) As used
in this Code section, the terms 'infectious substance' and 'regulated medical
waste' have the same meaning as given to those terms under the federal Hazardous
Materials Regulations published in Title 49 of the Code of Federal Regulations
as those regulations currently exist or may in the future be amended. The terms
'etiologic agent' and 'infectious substance' are synonymous.
(b) The transportation of infectious substances and
regulated medical waste, including but not limited to the marking of packages
and marking or placarding of vehicles with appropriate warnings, shall comply
with the requirements of the federal Hazardous Material Regulations published in
Title 49 of the Code of Federal Regulations as those regulations currently exist
or may in the future be amended and with compatible regulations adopted or
promulgated by the commissioner of motor vehicle safety.
(c) Nurses, physicians, and other health care
professionals may utilize all applicable exceptions contained in federal
regulations and in the regulations of the Department of Motor Vehicle Safety
when transporting infectious substances.
(d)
Violation of the provisions of this Code section shall constitute a misdemeanor.
40-6-254.
[
Index ]
No person
shall operate any motor vehicle with a load on or in such vehicle unless the
load on or in such vehicle is adequately secured to prevent the dropping or
shifting of such load onto the roadway in such a manner as to create a safety
hazard. Any person who operates a vehicle in violation of this Code section
shall be guilty of a misdemeanor.
40-6-255.
[
Index ]
(a) No person shall drive a motor vehicle so as to
cause it to leave the premises of an establishment at which gasoline offered for
retail sale was dispensed into the fuel tank of such motor vehicle unless due
payment or authorized charge for the gasoline so dispensed has been made.
(b) Any person who violates subsection (a) of this
Code section shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine not to exceed $100.00 or by confinement in the
county or other jail, county correctional institution, or such other places as
counties may provide for maintenance of county inmates for a term not to exceed
60 days, or both.
40-6-270.
[
Index ]
(a) The driver of any vehicle involved in an accident
resulting in injury to or the death of any person or in damage to a vehicle
which is driven or attended by any person shall immediately stop such vehicle at
the scene of the accident or shall stop as close thereto as possible and
forthwith return to the scene of the accident and shall:
(1) Give his name and address and the registration
number of the vehicle he is driving;
(2) Upon request
and if it is available, exhibit his operator´s license to the person struck
or the driver or occupant of or person attending any vehicle collided with;
and
(3) Render to any person injured in such accident
reasonable assistance, including the transporting, or the making of arrangements
for the transporting, of such person to a physician, surgeon, or hospital for
medical or surgical treatment if it is apparent that such treatment is necessary
or if such transporting is requested by the injured person.
The driver shall in every event remain at the scene of
the accident until fulfilling the requirements of this subsection. Every such
stop shall be made without obstructing traffic more than is necessary.
(b) If such accident is the proximate cause of death
or a serious injury, any person knowingly failing to stop and comply with the
requirements of subsection (a) of this Code section shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less
than one nor more than five years.
(c)(1) If such
accident is the proximate cause of an injury other than a serious injury or if
such accident resulted in damage to a vehicle which is driven or attended by any
person, any person knowingly failing to stop or comply with the requirements of
this Code section shall be guilty of a misdemeanor and:
(A) Upon conviction shall be fined not less than
$300.00 nor more than $1,000.00, which fine shall not be subject to suspension,
stay, or probation, or imprisoned for up to 12 months, or both;
(B) Upon the second conviction within a five-year
period of time, as measured from the dates of previous arrests for which
convictions were obtained to the date of the current arrest for which a
conviction is obtained, shall be fined not less than $600.00 nor more than
$1,000.00, which fine shall not be subject to suspension, stay, or probation, or
imprisoned for up to 12 months, or both; and for purposes of this subparagraph,
previous pleas of nolo contendere accepted within such five-year period shall
constitute convictions; and
(C) Upon the third or
subsequent conviction within a five-year period of time, as measured from the
dates of previous arrests for which convictions were obtained to the date of the
current arrest for which a conviction is obtained, shall be fined $1,000.00,
which fine shall not be subject to suspension, stay, or probation, or imprisoned
for up to 12 months, or both; and for purposes of this subparagraph, previous
pleas of nolo contendere accepted within such five-year period shall constitute
convictions.
(2) For the purpose of imposing a
sentence under this subsection, a plea of nolo contendere shall constitute a
conviction.
(3) If the payment of the fine required
under this subsection will impose an economic hardship on the defendant, the
judge, at his sole discretion, may order the defendant to pay such fine in
installments and such order may be enforced through a contempt proceeding or a
revocation of any probation otherwise authorized by this Code section.
(d) Notwithstanding the limits set forth in any
municipal charter, any municipal court of any municipality shall be authorized
to impose the punishments provided for in this Code section upon a conviction of
violating this Code section or upon conviction of violating any ordinance
adopting the provisions of this Code section.
40-6-271.
[
Index ]
(a) The
driver of any vehicle which collides with any vehicle which is unattended shall
immediately stop and shall then and there either locate and notify the operator
or owner of such vehicle of the name and address of the driver and owner of the
vehicle striking the unattended vehicle or shall leave in a conspicuous place on
the vehicle struck a written notice giving the name and address of the driver
and the owner of the vehicle doing the striking.
(b)
Any person who fails to comply with the requirements of subsection (a) of this
Code section shall be guilty of a misdemeanor.
40-6-272.
[
Index ]
The driver of
any vehicle involved in an accident resulting only in damage to a fixture
legally upon or adjacent to a highway shall take reasonable steps to locate and
notify the owner or person in charge of such property of such fact and of his
name and address and of the registration number of the vehicle he is driving and
shall, upon request and if available, exhibit his operator´s license.
40-6-273.
[
Index ]
The driver of
a vehicle involved in an accident resulting in injury to or death of any person
or property damage to an apparent extent of $500.00 or more shall immediately,
by the quickest means of communication, give notice of such accident to the
local police department if such accident occurs within a municipality. If such
accident occurs outside a municipality, such notice shall be given to the office
of the county sheriff or to the nearest office of the state patrol.
40-6-273.1.
[
Index ]
The law
enforcement officer at the scene of an accident required to be reported in
accordance with the provisions of Code Section 40-6-273 shall instruct the
driver of each motor vehicle involved in the accident to report the following to
all other parties suffering injury or property damage as an apparent result of
the accident:
(1) The name and address of the owner
and the driver of the motor vehicle;
(2) The license
number of the motor vehicle; and
(3) The name of the
liability insurance carrier for the motor vehicle or the fact that such driver
has a certificate of self-insurance issued pursuant to Code Section 33-34-5.1.
40-6-274.
[
Index ]
Any other
provision of this article or any other law to the contrary notwithstanding, the
driver of any vehicle involved in a traffic accident in which there is no
personal injury or in which no second party and no property of a second party is
involved shall not have the duty to stop or immediately report such accident,
and no such driver shall be prosecuted for his failure to stop or immediately to
report such accident. This Code section shall not abrogate or affect a
driver´s duty to file any written report which may be required by the local
law enforcement agency.
40-6-275.
[
Index ]
(a) Any other provision of this article or any other
law to the contrary notwithstanding, motor vehicles involved in traffic
accidents and the drivers of such motor vehicles shall be subject to the
provisions of this Code section.
(b) This Code
section shall apply to motor vehicle traffic accidents which occur on the
expressways and multilane highways of this state.
(c)
When a motor vehicle traffic accident occurs with no apparent serious personal
injury or death, it shall be the duty of the drivers of the motor vehicles
involved in such traffic accident, or any other occupant of any such motor
vehicle who possesses a valid driver´s license, to remove said vehicles
from the immediate confines of the roadway into a safe refuge on the shoulder,
emergency lane, or median or to a place otherwise removed from the roadway
whenever such moving of a vehicle can be done safely and the vehicle is capable
of being normally and safely driven, does not require towing, and can be
operated under its own power in its customary manner without further damage or
hazard to itself, to the traffic elements, or to the roadway. The driver of any
such motor vehicle may request any person who possesses a valid driver´s
license to remove any such motor vehicle as provided in this Code section, and
any such person so requested shall be authorized to comply with such request.
(d) The driver or any other person who has removed a
motor vehicle from the main traveled way of the road as provided in subsection
(c) of this Code section before the arrival of a police officer shall not be
considered liable or at fault regarding the cause of the accident solely by
reason of moving the vehicle pursuant to this Code section.
(e) This Code section shall not abrogate or affect a
driver´s duty to file any written report which may be required by a local
law enforcement agency, but compliance with the requirements of this Code
section shall not allow a driver to be prosecuted for his or her failure to stop
and immediately report a traffic accident.
(f) This
Code section shall not abrogate or affect a driver´s duty to stop and give
information in accordance with law, nor shall it relieve a police officer of his
or her duty to render a report in accordance with law.
(g) Employees of the Department of Transportation, in
the exercise of the management, control, and maintenance of the state highways,
may require and assist in the removal from the main traveled way of roads on the
state highway system of all vehicles incapacitated from any cause other than
having been involved in a motor vehicle accident and of all vehicles
incapacitated as a result of motor vehicle traffic accidents and of debris
caused thereby when such motor vehicle accidents occur with no apparent serious
personal injury or death, where such move can be accomplished safely by the
drivers of the vehicles involved or with the assistance of a towing or recovery
vehicle and will result in the improved safety or convenience of travel upon the
road. However, a vehicle incapacitated as a result of a motor vehicle traffic
accident with apparent serious personal injury or death may not be moved until
the enforcement officer has made the necessary measurements and diagrams
required for the initial accident investigation.
40-6-276.
[
Index ]
(a) The
driver of each wrecker truck towing away any vehicle from the scene of a wreck
shall also take away all parts belonging to the vehicle which he is towing away,
or, if they consist of small parts or broken glass, he shall clear the streets
of said small parts or glass, unless the driver is ordered not to do so by the
investigating police officer due to circumstances at the scene of the accident.
(b) Any person violating subsection (a) of this Code
section shall be guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine not to exceed $100.00.
40-6-277.
[
Index ]
Every sheriff
and chief executive officer of a law enforcement agency other than a sheriff
shall, on or before the tenth day of each month, report in writing to the
Department of Motor Vehicle Safety the death of any person within their
jurisdiction during the preceding calendar month as the result of a traffic
accident known to them, giving the time and place of the accident and the
circumstances relating thereto, in the manner specified by the commissioner of
motor vehicle safety.
40-6-278.
[
Index ]
The commissioner of motor vehicle safety shall
prescribe, by rule, uniform motor vehicle accident reports and reporting
procedures which shall be used by all police officers, whether state, county, or
municipal. The rules shall be adopted in accordance with Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act.' The rules may require one type of
report and reporting procedure for motor vehicle accidents in which property
damage alone is involved and another type of report and reporting procedure for
motor vehicle accidents involving personal injury or death. The commissioner
may, by rule, require additional investigation or reports in case of serious
bodily injury or death.
40-6-279.
Repealed.
40-6-290.
[
Index ]
The provisions of this part applicable to bicycles
shall apply whenever a bicycle is operated upon a highway or upon any path set
aside for the exclusive use of bicycles, subject to those exceptions stated in
this part.
40-6-291.
[
Index ]
The
provisions of this chapter that apply to vehicles, but not exclusively to motor
vehicles, shall apply to bicycles, except that the penalties prescribed in
subsection (b) of Code Section 40-6-390, subsection (c) of Code Section
40-6-391, and subsection (a) of Code Section 40-6-393 shall not apply to persons
riding bicycles.
40-6-292.
[
Index ]
(a) A person propelling a bicycle shall not ride
other than upon or astride a permanent and regular seat attached thereto and
shall allow no person to ride upon the handlebars.
(b)
No bicycle shall be used to carry more persons at one time than the number for
which it is designed and equipped.
(c) No person
shall transport a child under the age of one year as a passenger on a bicycle on
a highway, roadway, bicycle path, or sidewalk; provided, however, that a child
under the age of one year may be transported on a bicycle trailer or in an
infant sling so long as such child is seated in the bicycle trailer or carried
in an infant sling according to the bicycle trailer´s or infant
sling´s manufacturer´s instructions, and the bicycle trailer is
properly affixed to the bicycle according to the bicycle trailer´s
manufacturer´s instructions or the infant sling is properly worn by the
rider of the bicycle according to the infant sling´s manufacturer´s
instructions and such child transported in a bicycle trailer or infant sling is
wearing a bicycle helmet as required under paragraph (1) of subsection (e) of
Code Section 40-6-296.
(d) No child between the ages
of one year and four years shall ride as a passenger on a bicycle or bicycle
trailer or be transported in an infant sling unless the child is securely seated
in a child passenger bicycle seat, bicycle trailer, or infant sling according to
the child passenger bicycle seat´s, bicycle trailer´s, or infant
sling´s manufacturer´s instructions and the child passenger seat or
bicycle trailer is properly affixed to the bicycle according to the child
passenger bicycle seat´s or bicycle trailer´s manufacturer´s
instructions or the infant sling is worn according to the infant sling´s
manufacturer´s instructions.
(e) Violation of
subsections (c) and (d) of this Code section shall not constitute negligence per
se nor contributory negligence per se or be considered evidence of negligence or
liability.
(f) No person under the age of 16 years
failing to comply with subsections (c) and (d) of this Code section may be fined
or imprisoned.
40-6-293.
[
Index ]
No person riding upon any bicycle, coaster, roller
skates, sled, or toy vehicle shall attach the same or himself to any vehicle
upon a roadway.
40-6-294.
[
Index ]
(a) Every person operating a bicycle upon a roadway
shall ride as near to the right side of the roadway as practicable, except when
turning left or avoiding hazards to safe cycling, when the lane is too narrow to
share safely with a motor vehicle, when traveling at the same speed as traffic,
or while exercising due care when passing a standing vehicle or one proceeding
in the same direction; provided, however, that every person operating a bicycle
away from the right side of the roadway shall exercise reasonable care and shall
give due consideration to the other applicable rules of the road. As used in
this subsection, the term 'hazards to safe cycling' includes, but is not limited
to, surface debris, rough pavement, drain grates which are parallel to the side
of the roadway, parked or stopped vehicles, potentially opening car doors, or
any other objects which threaten the safety of a person operating a bicycle.
(b) Persons riding bicycles upon a roadway shall not
ride more than two abreast except on paths or parts of roadways set aside for
the exclusive use of bicycles.
(c) Whenever a usable
path has been provided adjacent to a roadway and designated for the exclusive
use of bicycle riders, then the appropriate governing authority may require that
bicycle riders use such path and not use those sections of the roadway so
specified by such local governing authority. The governing authority may be
petitioned to remove restrictions upon demonstration that the path has become
inadequate due to capacity, maintenance, or other causes.
(d) Paths subject to the provisions of subsection (c)
of this Code section shall at a minimum be required to meet accepted guidelines,
recommendations, and criteria with respect to planning, design, operation, and
maintenance as set forth by the American Association of State Highway and
Transportation Officials, and such paths shall provide accessibility to
destinations equivalent to the use of the roadway.
(e)
Electric assisted bicycles as defined in Code Section 40-1-1 may be operated on
bicycle paths.
40-6-295.
[
Index ]
No person operating a bicycle shall carry any package,
bundle, or other article which prevents him from keeping at least one hand upon
the handlebars.
40-6-296.
[
Index ]
(a) Every bicycle when in use at nighttime shall be
equipped with a light on the front which shall emit a white light visible from a
distance of 300 feet to the front and with a red reflector on the rear of a type
approved by the Department of Motor Vehicle Safety which shall be visible from a
distance of 300 feet to the rear when directly in front of lawful upper beams of
headlights on a motor vehicle. A light emitting a red light visible from a
distance of 300 feet to the rear may be used in addition to the red reflector.
(b) Every bicycle sold or operated shall be equipped
with a brake which will enable the operator to make the braked wheels skid on
dry, level pavement.
(c) No bicycle shall be equipped
or operated while equipped with a set of handlebars so raised that the operator
must elevate his hands above his shoulders in order to grasp the normal steering
grip area.
(d) No bicycle shall be equipped,
modified, or altered in such a way as to cause the pedal in its lowermost
position to be more than 12 inches above the ground, nor shall any bicycle be
operated if so equipped.
(e)(1) No person under the
age of 16 years shall operate or be a passenger on a bicycle on a highway,
bicycle path, or sidewalk under the jurisdiction or control of this state or any
local political subdivision thereof without wearing a bicycle helmet.
(2) For the purposes of this subsection, the term
'bicycle helmet' means a piece of protective headgear which meets or exceeds the
impact standards for bicycle helmets set by the American National Standards
Institute (ANSI) or the Snell Memorial Foundation.
(3)
For the purposes of this subsection, a person shall be deemed to wear a helmet
only if a helmet of good fit is fastened securely upon the head with the straps
of the helmet.
(4) No bicycle without an accompanying
protective bicycle helmet shall be rented or leased to or for the use of any
person under the age of 16 years unless that person is in possession of a
bicycle helmet at the time of the rental or lease.
(5)
Violation of any provision of this subsection shall not constitute negligence
per se nor contributory negligence per se or be considered evidence of
negligence or liability.
(6) No person under the age
of 16 failing to comply with any provision of this subsection may be fined or
imprisoned.
40-6-297.
[
Index ]
(a) It shall be unlawful for any person to sell a new
bicycle or a pedal for use on a bicycle unless the pedals on such bicycle or
such pedals are equipped with reflectors of a type approved by the Department of
Public Safety. The reflector on each pedal shall be so designed and situated as
to be visible from the front and rear of the bicycle during darkness from a
distance of 200 feet. The commissioner of public safety is authorized to
promulgate rules and regulations and establish standards for such reflectors.
(b) This Code section shall not apply to any bicycle
purchased prior to July 1, 1972, by a retailer for the purpose of resale.
40-6-298.
[
Index ]
(a) It is a
misdemeanor for any person to do any act forbidden or fail to perform any act
required in this part.
(b) The parent of any child
and the guardian of any ward shall not authorize or knowingly permit such child
or ward to violate any of the provisions of this part.
40-6-299.
[
Index ]
The Board of
Public Safety is authorized to promulgate rules and regulations to carry this
part into effect and is authorized to establish regulations for any additional
safety equipment or standards it shall require for bicycles.
40-6-310.
[
Index ]
Every person
operating a motorcycle shall be granted all of the rights and shall be subject
to all of the duties applicable to the driver of any other vehicle under this
chapter except as to special regulations in this part and except as to those
provisions of this chapter which by their nature can have no application.
40-6-311.
[
Index ]
(a) A person
operating a motorcycle shall ride only upon the permanent and regular seat
attached thereto; and such operator shall not carry any other person nor shall
any other person ride on a motorcycle unless such motorcycle is designed to
carry more than one person, in which event a passenger may ride upon the
permanent and regular seat if designed for two persons or upon another seat
firmly attached to the motorcycle at the rear or side of the operator.
(b) A person shall ride upon a motorcycle only while
sitting astride the seat, facing forward, with one leg on either side of the
motorcycle.
(c) No person shall operate a motorcycle
while carrying any package, bundle, or other article which prevents him from
keeping both hands on the handlebars.
(d) No operator
shall carry any person, nor shall any person ride, in a position that will
interfere with the operation or control of the motorcycle or the view of the
operator.
(e) No person shall operate or ride upon a
motorcycle unless he shall wear some type of footwear in addition to or other
than socks.
40-6-312.
[
Index ]
(a) All motorcycles are entitled to full use of a
lane, and no motor vehicle shall be driven in such a manner as to deprive any
motorcycle of the full use of a lane. This subsection shall not apply to
motorcycles operated two abreast in a single lane.
(b)
The operator of a motorcycle shall not overtake and pass in the same lane
occupied by the vehicle being overtaken.
(c) No
person shall operate a motorcycle between lanes of traffic or between adjacent
lines or rows of vehicles.
(d) Motorcycles shall not
be operated more than two abreast in a single lane.
(e) A person operating a motorcycle shall at all
times keep his headlights and taillights illuminated.
(f) Subsections (b) and (c) of this Code section
shall not apply to police officers in the performance of their official duties.
40-6-313.
[
Index ]
No person
riding upon a motorcycle shall attach himself or the motorcycle to any other
vehicle on a roadway.
40-6-314.
[
Index ]
(a) Any motorcycle carrying a passenger, other than
in a sidecar or enclosed cab, shall be equipped with footrests for such
passenger.
(b) No person shall operate any motorcycle
with handlebars more than 15 inches in height above that portion of the seat
occupied by the operator or with a backrest more commonly known as a sissy bar
that is designed in such a way as to create a sharp point at its apex.
40-6-315.
[
Index ]
(a) No person
shall operate or ride upon a motorcycle unless he or she is wearing protective
headgear which complies with standards established by the commissioner of motor
vehicle safety.
(b) No person shall operate or ride
upon a motorcycle if the motorcycle is not equipped with a windshield unless he
or she is wearing an eye-protective device of a type approved by the
commissioner of motor vehicle safety.
(c) This Code
section shall not apply to persons riding within an enclosed cab or motorized
cart. This Code section shall not apply to a person operating a three-wheeled
motorcycle used only for agricultural purposes.
(d)
The commissioner of motor vehicle safety is authorized to approve or disapprove
protective headgear and eye-protective devices required in this Code section and
to issue and enforce regulations establishing standards and specifications for
the approval thereof. The commissioner shall publish lists of all protective
headgear and eye-protective devices by name and type which have been approved by
it.
40-6-316.
[
Index ]
The
commissioner of motor vehicle safety is authorized to promulgate rules and
regulations to carry this part into effect and to establish regulations for
safety standards for the operation of motorcycles.
40-6-320.
[
Index ]
(a) Electric
personal assistive mobility devices may be operated on highways and on sidewalks
where a 48 inch clear path is maintained for access for persons with
disabilities, provided that any person operating such a device shall have the
same rights and duties as prescribed for pedestrians in Article 5 of this
chapter and except as otherwise provided in this part.
(b) No person shall operate any electric personal
assistive mobility device on the roadway of any highway unless:
(1) The maximum speed limit of the roadway is 35
miles per hour or less; or
(2) The roadway has a
separately striped bicycle lane and the device is operated within the bicycle
lane.
(c) When traveling on any roadway of a highway,
a person operating an electric personal assistive mobility device shall travel
in the same direction authorized for motor vehicle traffic on such roadway.
40-6-321.
[
Index ]
Any person
operating an electric personal assistive mobility device on a sidewalk or
roadway shall comply with the requirements of this part or any local ordinance
regulating the use of such devices pursuant to Code Section 40-6-371 and shall
exercise due care to avoid colliding with, and shall yield the right of way to,
persons traveling on foot.
40-6-322.
[
Index ]
No person shall operate an electric personal assistive
mobility device at a speed greater than seven miles per hour when traveling on
any sidewalk or 15 miles per hour elsewhere; provided, however, that a county or
municipal governing authority or the commissioner of transportation may further
restrict the speed of such devices in locations where pedestrian traffic is
congested and there is a significant speed differential between pedestrians and
operators of such devices.
40-6-323.
[
Index ]
(a) An electric personal assistive mobility device
may be parked on a sidewalk unless otherwise prohibited or restricted by an
official traffic control device or local ordinance; provided, however, that in
no case shall an electric personal assistive mobility device be parked on any
sidewalk in such a manner as to prevent the movement of a wheelchair.
(b) An electric personal assistive mobility device
shall not be parked on any roadway in such a manner as to prevent the movement
of a legally parked motor vehicle.
(c) Except as
otherwise provided in this Code section, any person operating an electric
personal assistive mobility device shall be subject to the same parking
restrictions as provided for motor vehicles under Part 1 of Article 10 of this
chapter. All violations of parking restrictions shall be deemed the
responsibility of the owner of such device; and, for purposes of parking
restrictions, the owner shall be deemed to be in control of the device at the
time of a parking violation involving such device, and no evidence of actual
control by such owner need be proven as an element of the offense.
40-6-324.
[
Index ]
No person
shall carry or transport any hazardous materials on an electric personal
assistive mobility device. Oxygen carried for personal medical reasons shall not
be deemed a hazardous material for purposes of this Code section.
40-6-325.
[
Index ]
(a) Any
electric personal assistive mobility device, when operated on any highway or
sidewalk, shall be equipped with front, rear, and side reflectors which shall be
visible from a distance of 300 feet when directly in front of lawful upper beams
of headlights on a motor vehicle; a system that when employed will enable the
operator to bring the device to a controlled stop; and, if the device is
operated between one-half hour after sunset and one-half hour before sunrise, a
lamp emitting a white light which, while the device is in motion, illuminates
the area in front of the operator for a distance of 300 feet.
(b) No person under the age of 16 years shall operate
an electric assistive personal mobility device on any highway; provided,
however, that a person under the age of 16 years may operate an electric
assistive personal mobility device on any sidewalk if such person is wearing
protective headgear which meets or exceeds the impact standards for bicycle
helmets required by Code Section 40-6-296.
40-6-326.
[
Index ]
Any person who
is under the influence of any intoxicating liquor or any drug to a degree which
renders him or her a hazard shall not operate any electric personal assistive
mobility device on any highway or sidewalk. Violation of this Code section shall
be a misdemeanor, punishable upon conviction by a fine not to exceed $500.00.
40-6-327.
[
Index ]
Any person who
violates any provision of this part other than Code Section 40-6-326 shall not
be guilty of a criminal offense or a moving traffic violation for purposes of
Code Section 40-5-57 but shall be subject to a civil penalty not to exceed
$500.00.
40-6-330.
[
Index ]
Motorized carts may be operated on streets only during
daylight hours unless they comply with the equipment regulations promulgated by
the commissioner of motor vehicle safety.
40-6-331.
[
Index ]
(a) A local governing authority may, by ordinance,
designate certain public streets or portions thereof for the combined use of
motorized carts and regular vehicular traffic and establish the conditions under
which motorized carts may be operated upon such streets or portions thereof.
(b) Such ordinances may establish operating standards
but shall not require motorized carts to meet any requirements of general law as
to registration, inspection, or licensing; provided, however, that a local
governing authority may, by ordinance, require the registration and licensing of
such carts operated within its boundaries for a fee not to exceed $15.00, the
license to remain permanently with such cart unless such cart is sold or the
license is destroyed. The provisions of this subsection and the authority
granted by this subsection shall not apply to motorized carts owned by golf
courses, country clubs, or other such organized entities which own such carts
and make them available to members or the public on a rental basis.
(c) Ordinances establishing operating standards shall
not be effective unless appropriate signs giving notice are posted along the
public streets affected.
(d) Motorized carts may
cross streets and highways under the jurisdiction of the Department of
Transportation only at crossings or intersections designated for that purpose by
the department.
40-6-350.
[
Index ]
Every person operating a moped shall be granted all
the rights and shall be subject to all the duties applicable to the driver of
any other vehicle under this chapter except as to special regulations in this
part and except as to those provisions of this chapter which by their nature can
have no application. However, the operator of a moped shall not be required to
comply with subsection (e) of Code Section 40-6-312, relating to headlights and
taillights, or subsection (b) of Code Section 40-6-315, relating to windshields
and eye-protective devices.
40-6-351.
[
Index ]
No person under 15 years of age shall operate a moped
or an electric assisted bicycle upon the public roads and highways of this
state. No person shall operate a moped upon the public roads and highways of
this state unless he or she shall have in his or her possession a valid
driver´s license, instructional permit, or limited permit issued to him or
her pursuant to Chapter 5 of this title; provided, however, that all classes of
licenses, instructional permits, or limited permits issued pursuant to Chapter 5
of this title shall be valid for the purposes of operating mopeds upon the
public roads and highways of this state. No license or permit shall be required
for the operation of an electric assisted bicycle.
40-6-352.
[
Index ]
(a) No person
shall operate or ride as a passenger upon a moped unless he or she is wearing
protective headgear which complies with standards established by the
commissioner of motor vehicle safety. The commissioner in determining such
standards shall consider the size, speed, and operational characteristics of the
moped. Such standards need not necessarily be the same as for motorcyclists;
however, any moped operator wearing an approved motorcycle helmet shall be
deemed in compliance with this subsection. Operators of electric assisted
bicycles may wear a properly fitted and fastened bicycle helmet which meets the
standards of the American National Standards Institute or the Snell Memorial
Foundation´s Standards for Protective Headgear for Use in Bicycling, rather
than a motorcycle helmet.
(b) The commissioner of
motor vehicle safety is authorized to approve or disapprove protective headgear
for moped operators and to issue and enforce regulations establishing standards
and specifications for the approval thereof. He or she shall publish lists by
name and type of all protective headgear which have been approved by him or her.
40-6-353.
[
Index ]
The
commissioner of transportation or local governing authorities having
jurisdiction over public roads and highways may prohibit the operation of mopeds
on public roads and highways within their jurisdiction if it is determined that
such operation endangers the safety of the traveling public.
40-6-354.
[
Index ]
The
commissioner of motor vehicle safety is authorized to promulgate rules and
regulations to carry this part into effect and is authorized to establish
regulations for safety equipment or standards for the operation of mopeds.
40-6-360.
[
Index ]
Every person
operating a low-speed vehicle shall be granted all the rights and shall be
subject to all the duties applicable to the driver of any other vehicle under
this chapter except as to special regulations in this part and except as to
those provisions of this chapter which by their nature can have no
application.
40-6-361.
[
Index ]
(a) All low-speed vehicles are entitled to full use
of a lane, and no motor vehicle shall be driven in such a manner as to deprive
any low-speed vehicle of the full use of a lane.
(b)
The operator of a low-speed vehicle shall not overtake and pass in the same lane
occupied by the vehicle being overtaken.
(c) No
person shall operate a low-speed vehicle between lanes of traffic or between
adjacent lines or rows of vehicles.
(d) Low-speed
vehicles shall not be operated two or more abreast in a single
lane.
40-6-362.
[
Index ]
Low-speed
vehicles shall be operated only on any highway where the posted speed limit does
not exceed 35 miles per hour. The operator of a low-speed vehicle shall not
operate such vehicle on any highway where the posted speed limit exceeds 35
miles per hour.
40-6-370.
[
Index ]
The provisions of this chapter and the definitions
contained in Code Section 40-1-1 shall be applicable and uniform throughout this
state and in all counties and municipalities therein, and no local authority
shall enact or enforce any ordinance on a matter covered by the provisions of
this chapter except as expressly authorized in Code Sections 40-6-371 and
40-6-372.
40-6-371.
[
Index ]
(a)
This chapter shall not be deemed to prevent local authorities with respect to
streets and highways under their jurisdiction and within the reasonable exercise
of the police power from:
(1) Regulating or
prohibiting stopping, standing, or parking;
(2)
Regulating traffic by means of police officers or official traffic-control
devices;
(3) Regulating or prohibiting processions or
assemblages on the highways;
(4) Designating
particular highways or roadways for use by traffic moving in one direction as
authorized in Code Section 40-6-47;
(5) Establishing
speed limits for vehicles in public parks, notwithstanding any provisions of law
establishing a minimum speed limit for an area outside an urban or residential
district;
(6) Designating any highway as a through
highway or designating any intersection or junction of roadway as a stop or
yield intersection or junction;
(7) Requiring the
registration and inspection of bicycles, including the requirement of a
registration fee;
(8) Designating any highway
intersection as a 'yield right of way' intersection and requiring vehicles
facing a 'yield right of way' sign to yield the right of way to other vehicles;
(9) Regulating or prohibiting the turning of vehicles
or specified types of vehicles;
(10) Altering or
establishing speed limits as authorized by law;
(11)
Designating no-passing zones as authorized in Code Section 40-6-46;
(12) Prohibiting or regulating the use of
controlled-access roadways by any class or kind of traffic as authorized in Code
Section 40-6-51;
(13) Prohibiting or regulating the
use of heavily traveled streets by any class or kind of traffic found to be
incompatible with the normal and safe movement of traffic;
(14) Establishing minimum speed limits as authorized
by law;
(15) Designating hazardous railroad grade
crossings as authorized in Code Section 40-6-141;
(16)
Designating and regulating traffic on play streets;
(17) Regulating persons propelling push carts;
(18) Regulating persons upon skates, coasters, sleds,
and other toy vehicles;
(18.1) Regulating the
operation of electric personal assistive mobility devices, provided that such
regulations are no less restrictive than those imposed by Part 2A of Article 13
of this chapter;
(19) Adopting and enforcing such
temporary or experimental regulations as may be necessary to cover emergencies
or special conditions; or
(20) Adopting such other
traffic regulations as are specifically authorized by this chapter.
(a.1) No fine imposed by a local authority for
violation of an ordinance or regulation for conduct which constitutes a
violation of a provision of this chapter shall exceed any maximum fine specified
by this chapter for such violation.
(b) No local
authority shall erect or maintain any official traffic-control device at any
location so as to require the traffic on any state highway to stop before
entering or crossing any intersecting highway unless approval in writing has
first been obtained from the Department of Transportation of the State of
Georgia. If this issue is on trial in a civil or criminal action, the proper
authority shall be presumed.
(c) No ordinance or
regulation enacted under paragraph (4), (5), (6), (8), (9), (10), (11), (12),
(13), (14), (15), (16), (17), or (18) of subsection (a) of this Code section
shall be effective until official traffic-control devices giving notice of such
local traffic regulations are erected upon or at the entrances to the highway or
the part thereof affected as may be most appropriate.
40-6-372.
[
Index ]
Local
authorities by ordinance may adopt by reference any or all provisions of this
chapter or of Code Section 40-1-1 without publishing or posting in full the
provisions thereof.
40-6-373.
[
Index ]
A future amendment or repeal of a provision of this
chapter or of Code Section 40-1-1 shall so amend or repeal the pertinent
provision, if any, of the original ordinance adopted by a local authority
pursuant to the authority of Code Section 40-6-372 without any action by such
local authority being required.
40-6-374.
[
Index ]
Local authorities shall use the following wording or
similar wording in adopting by reference the provisions of this chapter or the
definitions contained in Code Section 40-1-1:
(Municipality or County) of
__________
Ordinance __________
number
An ordinance adopting the Georgia Uniform
Rules of the Road, Code Sections (___________ to ___________ (except for Code
Sections __________ )) of Chapter 6 of Title 40 of the Official Code of Georgia
Annotated, to regulate traffic upon the public streets of the (Municipality or
County) of __________ and repealing ordinance number __________ and all other
ordinances and sections of ordinances in conflict herewith.
It is ordained by _______________________ as follows:
Section 1. Adoption by reference. Pursuant to Chapter
6 of Title 40 of the Official Code of Georgia Annotated, Code Sections 40-6-372
through 40-6-376, Code Sections (___________ to ___________ (except for Code
Sections ___________)) of that chapter known as the Uniform Rules of the Road
and the definitions contained in Code Section 40-1-1 are hereby adopted as and
for the traffic regulations of this (Municipality or County) with like effect as
if recited herein.
Section 2. Penalties. Unless
another penalty is expressly provided by law, every person convicted of a
violation of any provision of this ordinance shall be punished by a fine of not
more than ________ dollars or by imprisonment for not more than _____ days or by
both such fine and imprisonment.
Section 3. Repeal.
The (existing ordinances covering the same matters as embraced in this
ordinance) are hereby repealed and all ordinances or parts of ordinances
inconsistent with the provisions of this ordinance are hereby repealed.
Section 4. Effective date. This ordinance shall take
effect from and after the _____ day of ______________, ____.
40-6-375.
[
Index ]
It shall be
sufficient in citing a violation of a provision of this chapter to refer to the
ordinance number of the enacting ordinance, provided that the citation form used
is the one developed by the commissioner of public safety under the authority of
Code Section 40-6-1.
40-6-376.
[
Index ]
(a) Any offense, except a violation of subsection (b)
of Code Section 40-6-270 or a violation of Code Section 40-6-393, which is a
violation of a provision of this chapter and of a local ordinance may, at the
discretion of the local law enforcement officer or prosecutor, be charged as a
violation of the state statute or of the local ordinance. A violation of
subsection (b) of Code Section 40-6-270 or a violation of Code Section 40-6-393
shall be charged as a state violation.
(b) If the
offense charged under an ordinance constitutes a violation of any provision of
this chapter, the defendant may request transfer of the charge to the
appropriate state tribunal. If the defendant so requests, the recorder or city
judge, after conducting a commitment hearing in which probable cause for arrest
is found, or upon obtaining a waiver of commitment hearing, shall summarily fix
the defendant´s bond and bind his case over to the appropriate state
tribunal.
(c) No person tried in any court for a
violation of this chapter or any ordinance adopted pursuant thereto shall
thereafter be tried in any court for the same offense. A conviction for the
violation of an ordinance adopted pursuant to this chapter shall be considered a
prior conviction for all purposes under this chapter and under Chapter 13 of
this title.
(d) No court, other than a court having
jurisdiction to try a person charged with a violation of Code Section 40-6-393,
shall have jurisdiction over any offense arising under the laws of this state or
the ordinances of any political subdivision thereof, which offense arose out of
the same conduct which led to said person´s being charged with a violation
of Code Section 40-6-393 and any judgment rendered by such court shall be null
and void.
40-6-390.
[
Index ]
(a)
Any person who drives any vehicle in reckless disregard for the safety of
persons or property commits the offense of reckless driving.
(b) Every person convicted of reckless driving shall
be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a
fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or by both
such fine and imprisonment, provided that no provision of this Code section
shall be construed so as to deprive the court imposing the sentence of the power
given by law to stay or suspend the execution of such sentence or to place the
defendant on probation.
40-6-391.
[
Index ]
(a) A person shall not drive or be in actual physical
control of any moving vehicle while:
(1) Under the
influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent
that it is less safe for the person to drive;
(3)
Under the intentional influence of any glue, aerosol, or other toxic vapor to
the extent that it is less safe for the person to drive;
(4) Under the combined influence of any two or more
of the substances specified in paragraphs (1) through (3) of this subsection to
the extent that it is less safe for the person to drive;
(5) The person´s alcohol concentration is 0.08
grams or more at any time within three hours after such driving or being in
actual physical control from alcohol consumed before such driving or being in
actual physical control ended; or
(6) Subject to the
provisions of subsection (b) of this Code section, there is any amount of
marijuana or a controlled substance, as defined in Code Section 40-6-21,
present in the person´s blood or urine, or both, including the metabolites
and derivatives of each or both without regard to whether or not any alcohol is
present in the person´s breath or blood.
(b) The
fact that any person charged with violating this Code section is or has been
legally entitled to use a drug shall not constitute a defense against any charge
of violating this Code section; provided, however, that such person shall not be
in violation of this Code section unless such person is rendered incapable of
driving safely as a result of using a drug other than alcohol which such person
is legally entitled to use.
(c) Every person
convicted of violating this Code section shall, upon a first or second
conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent
conviction thereof, be guilty of a high and aggravated misdemeanor and shall be
punished as follows:
(1) First conviction with no
conviction of and no plea of nolo contendere accepted to a charge of violating
this Code section within the previous five years, as measured from the dates of
previous arrests for which convictions were obtained or pleas of nolo contendere
were accepted to the date of the current arrest for which a conviction is
obtained or a plea of nolo contendere is accepted:
(A)
A fine of not less than $300.00 nor more than $1,000.00, which fine shall not,
except as provided in subsection (g) of this Code section, be subject to
suspension, stay, or probation;
(B) A period of
imprisonment of not less than ten days nor more than 12 months, which period of
imprisonment may, at the sole discretion of the judge, be suspended, stayed, or
probated, except that if the offender´s alcohol concentration at the time
of the offense was 0.08 grams or more, the judge may suspend, stay, or probate
all but 24 hours of any term of imprisonment imposed under this subparagraph;
(C) Not less than 40 hours of community service,
except that for a conviction for violation of subsection (k) of this Code
section where the person´s alcohol concentration at the time of the offense
was less than 0.08 grams, the period of community service shall be not less than
20 hours;
(D) Completion of a DUI Alcohol or Drug Use
Risk Reduction Program approved by the Department of Human Resources. The
sponsor of any such program shall provide written notice of such approval to the
person upon enrollment in the program; and
(E) If the
defendant is sentenced to a period of imprisonment for less than 12 months, a
period of probation of 12 months less any days during which the defendant is
actually incarcerated;
(2) For the second conviction
within a five-year period of time, as measured from the dates of previous
arrests for which convictions were obtained or pleas of nolo contendere were
accepted to the date of the current arrest for which a conviction is obtained or
a plea of nolo contendere is accepted:
(A) A fine of
not less than $600.00 nor more than $1,000.00, which fine shall not, except as
provided in subsection (g) of this Code section, be subject to suspension, stay,
or probation;
(B) A period of imprisonment of not
less than 90 days nor more than 12 months. The judge shall probate at least a
portion of such term of imprisonment, in accordance with subparagraph (F) of
this paragraph, thereby subjecting the offender to the provisions of Article 7
of Chapter 8 of Title 42 and to such other terms and conditions as the judge may
impose; provided, however, that the offender shall be required to serve not less
than 72 hours of actual incarceration;
(C) Not less
than 30 days of community service;
(D) Completion of
a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of
Human Resources. The sponsor of any such program shall provide written notice of
such approval to the person upon enrollment in the program;
(E) Undergoing a clinical evaluation as defined in
Code Section 40-5-1 and, if indicated by such evaluation, completion of a
substance abuse treatment program as defined in Code Section 40-5-1;
and
(F) A period of probation of 12 months less any
days during which the defendant is actually incarcerated;
or
(3) For the third or subsequent conviction within a
five-year period of time, as measured from the dates of previous arrests for
which convictions were obtained or pleas of nolo contendere were accepted to the
date of the current arrest for which a conviction is obtained or a plea of nolo
contendere is accepted:
(A) A fine of not less than
$1,000.00 and not more than $5,000.00, which fine shall not, except as provided
in subsection (g) of this Code section, be subject to suspension, stay, or
probation;
(B) A mandatory period of imprisonment of
not less than 120 days nor more than 12 months. The judge shall probate at least
a portion of such term of imprisonment, in accordance with subparagraph (F) of
this paragraph, thereby subjecting the offender to the provisions of Article 7
of Chapter 8 of Title 42 and to such other terms and conditions as the judge may
impose; provided, however, that the offender shall be required to serve not less
than 15 days of actual incarceration;
(C) Not less
than 30 days of community service;
(D) Completion of
a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of
Human Resources. The sponsor of any such program shall provide written notice of
such approval to the person upon enrollment in the program;
(E) Undergoing a clinical evaluation as defined in
Code Section 40-5-1 and, if indicated by such evaluation, completion of a
substance abuse treatment program as defined in Code Section 40-5-1;
and
(F) A period of probation of 12 months less any
days during which the defendant is actually incarcerated.
For the purpose of imposing a sentence under this
subsection, a plea of nolo contendere or an adjudication of delinquency based on
a violation of this Code section shall constitute a conviction.
(d)(1) Notwithstanding the limits set forth in any
municipal charter, any municipal court of any municipality shall be authorized
to impose the punishments provided for in this Code section upon a conviction of
violating this Code section or upon conviction of violating any ordinance
adopting the provisions of this Code section.
(2)
Notwithstanding any provision of this Code section to the contrary, any court
authorized to hear cases involving violations of this Code section shall be
authorized to exercise the power to probate, suspend, or stay any sentence
imposed. Such power shall, however, be limited to the conditions and limitations
imposed by subsection (c) of this Code section.
(e)
The foregoing limitations on punishment also shall apply when a defendant has
been convicted of violating, by a single transaction, more than one of the four
provisions of subsection (a) of this Code section.
(f)
The provisions of Code Section 17-10-3, relating to general punishment for
misdemeanors including traffic offenses, and the provisions of Article 3 of
Chapter 8 of Title 42, relating to probation of first offenders, shall not apply
to any person convicted of violating any provision of this Code section.
(g)(1) If the payment of the fine required under
subsection (c) of this Code section will impose an economic hardship on the
defendant, the judge, at his or her sole discretion, may order the defendant to
pay such fine in installments and such order may be enforced through a contempt
proceeding or a revocation of any probation otherwise authorized by this Code
section.
(2) In the sole discretion of the judge, he
or she may suspend up to one-half of the fine imposed under paragraph (2) or (3)
of subsection (c) of this Code section for a second or subsequent conviction
conditioned upon the defendant´s undergoing treatment in a substance abuse
treatment program as defined in Code Section 40-5-1.
(h) For purposes of determining under this chapter
prior convictions of or pleas of nolo contendere to violating this Code section,
in addition to the offense prohibited by this Code section, a conviction of or
plea of nolo contendere to any of the following offenses shall be deemed to be a
violation of this Code section:
(1) Any federal law
substantially conforming to or parallel with the offense covered under this Code
section;
(2) Any local ordinance adopted pursuant to
Article 14 of this chapter, which ordinance adopts the provisions of this Code
section; or
(3) Any previously or currently existing
law of this or any other state, which law was or is substantially conforming to
or parallel with this Code section.
(i) A person
shall not drive or be in actual physical control of any moving commercial motor
vehicle while there is 0.04 percent or more by weight of alcohol in such
person´s blood, breath, or urine. Every person convicted of violating this
subsection shall be guilty of a misdemeanor and, in addition to any
disqualification resulting under Article 7 of Chapter 5 of this title, the
'Uniform Commercial Driver´s License Act,' shall be fined as provided in
subsection (c) of this Code section.
(j)(1) The clerk
of the court in which a person is convicted a second or subsequent time under
subsection (c) of this Code section within five years, as measured from the
dates of previous arrests for which convictions were obtained or pleas of nolo
contendere were accepted to the date of the current arrest for which a
conviction is obtained or a plea of nolo contendere is accepted, shall cause to
be published a notice of conviction for each such person convicted. Such notices
of conviction shall be published in the manner of legal notices in the legal
organ of the county in which such person resides or, in the case of
nonresidents, in the legal organ of the county in which the person was
convicted. Such notice of conviction shall be one column wide by two inches long
and shall contain the photograph taken by the arresting law enforcement agency
at the time of arrest, name and address of the convicted person, and the date,
time, place of arrest, and disposition of the case and shall be published once
in the legal organ of the appropriate county in the second week following such
conviction or as soon thereafter as publication may be made.
(2) The convicted person for which a notice of
conviction is published pursuant to this subsection shall be assessed $25.00 for
the cost of publication of such notice and such assessment shall be imposed at
the time of conviction in addition to any other fine imposed pursuant to this
Code section.
(3) The clerk of the court, the
publisher of any legal organ which publishes a notice of conviction, and any
other person involved in the publication of an erroneous notice of conviction
shall be immune from civil or criminal liability for such erroneous publication,
provided such publication was made in good faith.
(k)(1) A person under the age of 21 shall not drive
or be in actual physical control of any moving vehicle while the person´s
alcohol concentration is 0.02 grams or more at any time within three hours after
such driving or being in physical control from alcohol consumed before such
driving or being in actual physical control ended.
(2)
Every person convicted of violating this subsection shall be guilty of a
misdemeanor for the first and second convictions and upon a third or subsequent
conviction thereof be guilty of a high and aggravated misdemeanor and shall be
punished and fined as provided in subsection (c) of this Code section, provided
that any term of imprisonment served shall be subject to the provisions of Code
Section 17-10-3.1, and any period of community service imposed on such person
shall be required to be completed within 60 days of the date of sentencing.
(3) No plea of nolo contendere shall be accepted for
any person under the age of 21 charged with a violation of this Code section.
(l) A person who violates this Code section while
transporting in a motor vehicle a child under the age of 14 years is guilty of
the separate offense of endangering a child by driving under the influence of
alcohol or drugs. The offense of endangering a child by driving under the
influence of alcohol or drugs shall not be merged with the offense of driving
under the influence of alcohol or drugs for the purposes of prosecution and
sentencing. An offender who is convicted of a violation of this subsection shall
be punished in accordance with the provisions of subsection (d) of Code Section
40-12-1, relating to the offense of contributing to the delinquency, unruliness,
or deprivation of a child.
40-6-391.1.
[
Index ]
(a) The decision to accept a plea of nolo contendere
to a charge of violating Code Section 40-6-391 shall be at the sole discretion
of the judge but, if such plea is accepted, the penalties provided for in
subsection (c) of Code Section 40-6-391 shall be imposed; provided, however,
that no such plea of nolo contendere shall be accepted if the person charged
with violating Code Section 40-6-391 had an alcohol concentration of more than
0.15 at any time within three hours after driving or being in control of any
moving vehicle from alcohol consumed before such driving or being in control
ended.
(b) If the defendant has not been convicted of
or had a plea of nolo contendere accepted to a charge of violating Code Section
40-6-391 within the previous five years and if the plea of nolo contendere shall
be used as provided in paragraph (1) of subsection (a) of Code Section 40-5-63,
no such plea shall be accepted unless, at a minimum, the following conditions
are met:
(1) The defendant has filed a verified
petition with the court requesting that such plea be accepted and setting forth
the facts and special circumstances necessary to enable the judge to determine
that accepting such plea is in the best interest of justice;
and
(2) The judge has reviewed the defendant´s
driving records that are on file with the Department of Motor Vehicle Safety.
(c) The judge, as part of the record of the
disposition of the charge, shall set forth, under seal of the court, his or her
reasons for accepting the plea of nolo contendere.
(d)
The record of the disposition of the case, including the ruling required in
subsection (c) of this Code section, shall be forwarded to the Department of
Motor Vehicle Safety within ten days after disposition.
(e) If a plea of nolo contendere is accepted under
the conditions set forth in subsection (b) of this Code section, the
defendant´s driver´s license shall be forwarded to the Department of
Motor Vehicle Safety as provided in subsection (c) of Code Section 40-5-67.
40-6-391.2.
[
Index ]
(a) Except
as provided in this Code section, any motor vehicle operated by a person who has
been declared a habitual violator for three violations of Code Section 40-6-391
and whose license has been revoked and who is arrested and charged with a
violation of Code Section 40-6-391, is declared to be contraband and subject to
forfeiture to the state, as provided in this Code section, provided that said
forfeiture shall not be absolute unless the defendant is finally convicted of
such offense.
(b) Any motor vehicle subject to
forfeiture under subsection (a) of this Code section shall be seized immediately
upon discovery by any law enforcement officer, peace officer, or law enforcement
agency of this state or any political subdivision thereof who has the power to
make arrests and whose duty it is to enforce this article, that said motor
vehicle has been declared contraband. Said motor vehicle shall be delivered
within 20 days to the district attorney whose circuit includes the county in
which a seizure is made or to his duly authorized agent. At any time subsequent
to the seizure, the chief officer of the seizing agency, his designee, or the
district attorney may release the vehicle upon bond being posted in like manner
as authorized in subsection (e) of this Code section.
(c) Within 60 days from the date of the seizure, the
district attorney of the judicial circuit, or the director on his behalf, shall
cause to be filed in the superior court of the county in which the motor vehicle
is seized or detained an action for condemnation of such motor vehicle. The
proceedings shall be brought in the name of the state by the district attorney
of the circuit in which the motor vehicle was seized, and the action shall be
verified by a duly authorized agent of the state in a manner required by the law
of this state. The action shall describe the motor vehicle and state its
location, present custodian, and the name of the owner, if known, to the duly
authorized agent of the state; allege the essential elements of the violation
which is claimed to exist; and conclude with a prayer of due process to enforce
the forfeiture. Upon the filing of such an action, the court shall promptly
cause process to issue to the present custodian in possession of the motor
vehicle described in the action, commanding him to seize the motor vehicle in
the action and to hold that motor vehicle for further order of the court. The
owner, lessee, or any person having a duly recorded security interest in or lien
on such motor vehicle shall be notified by any means of service provided for in
Title 9 or by delivery of a copy of the complaint and summons by certified mail
or statutory overnight delivery to said owner or lienholder or a person of
suitable age or discretion having charge of said owner´s premises. For
purposes of this subsection, where forfeiture of a motor vehicle titled or
registered in Georgia is sought, notice to the titleholder shall be deemed
adequate if a copy of the complaint and summons is mailed by certified mail or
statutory overnight delivery to the titleholder at the address set out in the
title and an additional copy is mailed by certified mail or statutory overnight
delivery to the firm, person, or corporation which holds the current
registration for said motor vehicle, who shall be deemed agent for service for
said titleholder, and said complaint is advertised once a week for two weeks as
set out in this subsection. If the owner, lessee, or person having a duly
recorded security interest in or lien on the contraband motor vehicle is unknown
or resides out of the state or departs the state or cannot after due diligence
be found within the state or conceals himself so as to avoid notice, notice of
the proceedings shall be published once a week for two weeks in the newspaper in
which the sheriff´s advertisements are published. Such publication shall be
deemed notice to any and all persons having an interest in or right affected by
such proceeding and any sale of the motor vehicle resulting therefrom, but shall
not constitute notice to any person having a duly recorded security interest in
or lien upon such motor vehicle and required to be served under this Code
section unless that person is unknown or resides out of the state or departs the
state or cannot after due diligence be found within the state or conceals
himself to avoid notice.
(d)(1) Any party at interest
may appear, by answer under oath, and file an intervention or defense within 30
days from the date of service on the condemnee of the action for condemnation.
The owner, lessee, security interest holder, or lienholder shall be permitted to
defend by showing that the motor vehicle seized was not subject to forfeiture
under this Code section.
(2) A rented or leased
vehicle shall not be subject to forfeiture unless it is established in the
forfeiture proceedings that the owner of the rented or leased vehicle knew or
should have known of or consented to the operation of such motor vehicle in a
manner which would subject the vehicle to forfeiture. Upon learning of the
address or phone number of the rental or leasing company which owns such
vehicle, the district attorney shall immediately contact the company to inform
it that the vehicle is available for the company to take possession.
(e) The court to which any such petition for
condemnation may be referred may, in its discretion, allow any party at
interest, after making said defense under subsection (d) of this Code section,
to give bond and take possession of the motor vehicle seized. Such motor vehicle
shall not be sold or leased without prior approval of the court. In the event
the court approves such sale or lease, the proceeds arising therefrom shall be
deposited in the registry of the court, pending final adjudication of the
forfeiture proceeding. The court shall determine whether the bond shall be a
forthcoming bond or an eventual condemnation money bond and shall also determine
the amount of the bond. The enforcement of any bond so given shall be regulated
by the general law applicable to such cases.
(f) If
no defense or intervention is filed within 30 days from the date of service on
the condemnee of the petition, judgment shall be entered by the court and the
motor vehicle shall be sold. The court may direct that such property be sold by:
(1) Judicial sale as provided in Article 7 of Chapter
13 of Title 9; provided, however, that the court may establish a minimum
acceptable price for such property; or
(2) Any
commercially feasible means.
(g) The proceeds arising
from such sale shall be deposited into the general treasury of the state or any
other governmental unit whose law enforcement agency it was that originally
seized the motor vehicle. It is the intent of the General Assembly that, where
possible, proceeds deposited into the state treasury should be used and that
proceeds vested in any local governmental unit shall be applied to fund alcohol
or drug treatment, rehabilitation, and prevention and education programs, after
making the necessary expenditures for:
(1) Any costs
incurred in the seizure;
(2) The costs of the court
and its officers; and
(3) Any cost incurred in the
storage, advertisement, maintenance, or care of the motor vehicle.
(h) The interest of an owner, lessee, security
interest holder, or lienholder shall not be subject to forfeiture unless the
condemnor shows by a preponderance of evidence that such person knew or
reasonably should have known that the operator was a habitual violator as set
forth in subsection (a) of this Code section and knew or reasonably should have
known that such person would operate or was operating the vehicle while in
violation of Code Section 40-6-391.
(i) In any case
where a vehicle which is the only family vehicle is determined to be subject to
forfeiture, the court may, if it determines that the financial hardship to the
family as a result of the forfeiture and sale outweighs the benefit to the state
from such forfeiture, order the title to the vehicle transferred to such other
family member who is a duly licensed operator and who requires the use of such
vehicle for employment or family transportation purposes. Such transfer shall be
subject to any valid liens and shall be granted only once.
40-6-391.3.
[
Index ]
A school bus
driver licensed pursuant to Article 7 of Chapter 5 of this title shall upon a
conviction of a violation of Code Section 40-6-391 while driving a school bus be
punished by imprisonment for a period of not less than one year nor more than
five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or
both.
40-6-392.
[
Index ]
(a)
Upon the trial of any civil or criminal action or proceeding arising out of acts
alleged to have been committed by any person in violation of Code Section
40-6-391, evidence of the amount of alcohol or drug in a person´s blood,
urine, breath, or other bodily substance at the alleged time, as determined by a
chemical analysis of the person´s blood, urine, breath, or other bodily
substance shall be admissible. Where such a chemical test is made, the following
provisions shall apply:
(1)(A) Chemical analysis of
the person´s blood, urine, breath, or other bodily substance, to be
considered valid under this Code section, shall have been performed according to
methods approved by the Division of Forensic Sciences of the Georgia Bureau of
Investigation on a machine which was operated with all its electronic and
operating components prescribed by its manufacturer properly attached and in
good working order and by an individual possessing a valid permit issued by the
Division of Forensic Sciences for this purpose. The Division of Forensic
Sciences of the Georgia Bureau of Investigation shall approve satisfactory
techniques or methods to ascertain the qualifications and competence of
individuals to conduct analyses and to issue permits, along with requirements
for properly operating and maintaining any testing instruments, and to issue
certificates certifying that instruments have met those requirements, which
certificates and permits shall be subject to termination or revocation at the
discretion of the Division of Forensic Sciences.
(B)
In all cases where the arrest is made on or after January 1, 1995, and the state
selects breath testing, two sequential breath samples shall be requested for the
testing of alcohol concentration. For either or both of these sequential samples
to be admissible in the state´s or plaintiff´s case-in-chief, the
readings shall not differ from each other by an alcohol concentration of greater
than 0.020 grams and the lower of the two results shall be determinative for
accusation and indictment purposes and administrative license suspension
purposes. No more than two sequential series of a total of two adequate breath
samples each shall be requested by the state; provided, however, that after an
initial test in which the instrument indicates an adequate breath sample was
given for analysis, any subsequent refusal to give additional breath samples
shall not be construed as a refusal for purposes of suspension of a
driver´s license under Code Sections 40-5-55 and 40-5-67.1. Notwithstanding
the above, a refusal to give an adequate sample or samples on any subsequent
breath, blood, urine, or other bodily substance test shall not affect the
admissibility of the results of any prior samples. An adequate breath sample
shall mean a breath sample sufficient to cause the breath-testing instrument to
produce a printed alcohol concentration analysis.
(2)
When a person shall undergo a chemical test at the request of a law enforcement
officer, only a physician, registered nurse, laboratory technician, emergency
medical technician, or other qualified person may withdraw blood for the purpose
of determining the alcoholic content therein, provided that this limitation
shall not apply to the taking of breath or urine specimens. No physician,
registered nurse, or other qualified person or employer thereof shall incur any
civil or criminal liability as a result of the medically proper obtaining of
such blood specimens when requested in writing by a law enforcement officer;
(3) The person tested may have a physician or a
qualified technician, chemist, registered nurse, or other qualified person of
his own choosing administer a chemical test or tests in addition to any
administered at the direction of a law enforcement officer. The justifiable
failure or inability to obtain an additional test shall not preclude the
admission of evidence relating to the test or tests taken at the direction of a
law enforcement officer; and
(4) Upon the request of
the person who shall submit to a chemical test or tests at the request of a law
enforcement officer, full information concerning the test or tests shall be made
available to him or his attorney. The arresting officer at the time of arrest
shall advise the person arrested of his rights to a chemical test or tests
according to this Code section.
(b) Except as
provided in subsection (c) of this Code section, upon the trial of any civil or
criminal action or proceeding arising out of acts alleged to have been committed
by any person in violation of Code Section 40-6-391, the amount of alcohol in
the person´s blood at the time alleged, as shown by chemical analysis of
the person´s blood, urine, breath, or other bodily substance, may give rise
to inferences as follows:
(1) If there was at that
time an alcohol concentration of 0.05 grams or less, the trier of fact in its
discretion may infer therefrom that the person was not under the influence of
alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code
Section 40-6-391; or
(2) If there was at that time an
alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such
fact shall not give rise to any inference that the person was or was not under
the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection
(a) of Code Section 40-6-391, but such fact may be considered by the trier of
fact with other competent evidence in determining whether the person was under
the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection
(a) of Code Section 40-6-391.
(c)(1) In any civil or
criminal action or proceeding arising out of acts alleged to have been committed
in violation of paragraph (5) of subsection (a) of Code Section 40-6-391, if
there was at that time or within three hours after driving or being in actual
physical control of a moving vehicle from alcohol consumed before such driving
or being in actual physical control ended an alcohol concentration of 0.08 or
more grams in the person´s blood, breath, or urine, the person shall be in
violation of paragraph (5) of subsection (a) of Code Section 40-6-391.
(2) In any civil or criminal action or proceeding
arising out of acts alleged to have been committed by any person in violation of
subsection (i) of Code Section 40-6-391, if there was at that time or within
three hours after driving or being in actual physical control of a moving
vehicle from alcohol consumed before such driving or being in actual physical
control ended an alcohol concentration of 0.04 grams or more in the
person´s blood, breath, or urine, the person shall be in violation of
subsection (i) of Code Section 40-6-391.
(3) In any
civil or criminal action or proceeding arising out of acts alleged to have been
committed by any person in violation of subsection (k) of Code Section 40-6-391,
if there was at that time or within three hours after driving or being in actual
physical control of a moving vehicle from alcohol consumed before such driving
or being in actual physical control ended an alcohol concentration of 0.02 grams
or more in the person´s blood, breath, or urine, the person shall be in
violation of subsection (k) of Code Section 40-6-391.
(d) In any criminal trial, the refusal of the
defendant to permit a chemical analysis to be made of his blood, breath, urine,
or other bodily substance at the time of his arrest shall be admissible in
evidence against him.
(e)(1) A certification by the
office of the Secretary of State or by the Department of Human Resources that a
person who drew blood was a licensed or certified physician, physician´s
assistant, registered nurse, practical nurse, medical technologist, medical
laboratory technician, or phlebotomist at the time the blood was drawn;
(2) Testimony, under oath, of the blood drawer;
or
(3) Testimony, under oath, of the blood
drawer´s supervisor or medical records custodian that the blood drawer was
properly trained and authorized to draw blood as an employee of the medical
facility or employer
shall be admissible into evidence
for the purpose of establishing that such person was qualified to draw blood as
required by this Code section.
(f) Each time an
approved breath-testing instrument is inspected, the inspector shall prepare a
certificate which shall be signed under oath by the inspector and which shall
include the following language:
'This breath-testing
instrument (serial no. __________) was thoroughly inspected, tested, and
standardized by the undersigned on (date __________) and all of its electronic
and operating components prescribed by its manufacturer are properly attached
and are in good working order.'
When properly prepared
and executed, as prescribed in this subsection, the certificate shall,
notwithstanding any other provision of law, be self-authenticating, shall be
admissible in any court of law, and shall satisfy the pertinent requirements of
paragraph (1) of subsection (a) of this Code section and subparagraph (g)(2)(F)
of Code Section 40-5-67.1.
40-6-393.
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(a) Any person who, without malice aforethought,
causes the death of another person through the violation of subsection (a) of
Code Section 40-6-163 or subsection (b) of Code Section 40-6-270 or Code Section
40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the
offense of homicide by vehicle in the first degree and, upon conviction thereof,
shall be punished by imprisonment for not less than three years nor more than 15
years.
(b) Any person who causes the death of another
person, without an intention to do so, by violating any provision of this title
other than subsection (a) of Code Section 40-6-163 or subsection (b) of Code
Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code
Section 40-6-395 commits the offense of homicide by vehicle in the second degree
when such violation is the cause of said death and, upon conviction thereof,
shall be punished as provided in Code Section 17-10-3.
(c) Any person who, after being declared a habitual
violator as determined under Code Section 40-5-58 and while such person´s
license is in revocation, causes the death of another person, without malice
aforethought, by operation of a motor vehicle, commits the offense of homicide
by vehicle in the first degree and, upon conviction thereof, shall be punished
by imprisonment for not less than five years nor more than 20 years, and
adjudication of guilt or imposition of such sentence for a person so convicted
may be suspended, probated, deferred, or withheld but only after such person
shall have served at least one year in the penitentiary.
40-6-393.1.
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(a)(1) A
person commits the offense of feticide by vehicle in the first degree if he
causes the death of an unborn child so far developed as to be ordinarily called
'quick' by any injury to the mother of such child through the violation of Code
Section 40-6-390 or 40-6-391, which would be homicide by vehicle in the first
degree as provided in subsection (a) or (c) of Code Section 40-6-393 if it
resulted in the death of such mother.
(2) A person
convicted of the offense of feticide by vehicle in the first degree shall be
punished by imprisonment for not less than two years nor more than 15 years.
(b)(1) A person commits the offense of feticide by
vehicle in the second degree if he causes the death of an unborn child so far
developed as to be ordinarily called 'quick' by any injury to the mother of such
child by violating any provision of this title other than Code Section 40-6-390
or 40-6-391, which would be homicide by vehicle in the second degree as provided
in subsection (b) of Code Section 40-6-393 if it resulted in the death of such
mother.
(2) A person convicted of the offense of
feticide by vehicle in the second degree shall be punished as provided in Code
Section 17-10-3.
40-6-394.
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Whoever, without malice, shall cause bodily harm to
another by depriving him of a member of his body, by rendering a member of his
body useless, by seriously disfiguring his body or a member thereof, or by
causing organic brain damage which renders the body or any member thereof
useless through the violation of Code Section 40-6-390 or 40-6-391 shall be
guilty of the crime of serious injury by vehicle. A person convicted under this
Code section shall be guilty of a felony and shall be punished by imprisonment
for not less than one year nor more than 15 years.
40-6-395.
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(a) It shall
be unlawful for any driver of a vehicle willfully to fail or refuse to bring his
or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing
police vehicle or police officer when given a visual or an audible signal to
bring the vehicle to a stop. The signal given by the police officer may be by
hand, voice, emergency light, or siren. The officer giving such signal shall be
in uniform prominently displaying his or her badge of office, and his or her
vehicle shall be appropriately marked showing it to be an official police
vehicle.
(b)(1) Any person violating the provisions
of subsection (a) of this Code section shall be guilty of a high and aggravated
misdemeanor and:
(A) Upon conviction shall be fined
not less than $500.00 nor more than $5,000.00, which fine shall not be subject
to suspension, stay, or probation and imprisoned for not less than ten days nor
more than 12 months. Any period of such imprisonment in excess of ten days may,
in the sole discretion of the judge, be suspended, stayed, or probated;
(B) Upon the second conviction within a ten-year
period of time, as measured from the dates of previous arrests for which
convictions were obtained to the date of the current arrest for which a
conviction is obtained, shall be fined not less than $1,000.00 nor more than
$5,000.00, which fine shall not be subject to suspension, stay, or probation and
imprisoned for not less than 30 days nor more than 12 months. Any period of such
imprisonment in excess of 30 days may, in the sole discretion of the judge, be
suspended, stayed, or probated; and for purposes of this paragraph, previous
pleas of nolo contendere accepted within such ten-year period shall constitute
convictions; and
(C) Upon the third or subsequent
conviction within a ten-year period of time, as measured from the dates of
previous arrests for which convictions were obtained to the date of the current
arrest for which a conviction is obtained, shall be fined not less than
$2,500.00 nor more than $5,000.00, which fine shall not be subject to
suspension, stay, or probation and imprisoned for not less than 90 days nor more
than 12 months. Any period of such imprisonment in excess of 90 days may, in the
sole discretion of the judge, be suspended, stayed, or probated; and for
purposes of this paragraph, previous pleas of nolo contendere accepted within
such ten-year period shall constitute convictions.
(2)
For the purpose of imposing a sentence under this subsection, a plea of nolo
contendere shall constitute a conviction.
(3) If the
payment of the fine required under paragraph (1) of this subsection will impose
an economic hardship on the defendant, the judge, at his or her sole discretion,
may order the defendant to pay such fine in installments and such order may be
enforced through a contempt proceeding or a revocation of any probation
otherwise authorized by this subsection.
(4)
Notwithstanding the limits set forth in any municipal charter, any municipal
court of any municipality shall be authorized to impose the punishments provided
for in this subsection upon a conviction of violating this subsection or upon
conviction of violating any ordinance adopting the provisions of this
subsection.
(5)(A) Any person violating the
provisions of subsection (a) of this Code section who, while fleeing or
attempting to elude a pursuing police vehicle or police officer in an attempt to
escape arrest for a felony offense other than a violation of this chapter,
operates his or her vehicle in excess of 30 miles an hour above the posted speed
limit, strikes or collides with another vehicle or a pedestrian, flees in
traffic conditions which place the general public at risk of receiving serious
injuries, or leaves the state shall be guilty of a felony punishable by a fine
of $5,000.00 and imprisonment for not less than one year nor more than five
years.
(B) Following adjudication of guilt or
imposition of sentence for a violation of subparagraph (A) of this paragraph,
the sentence shall not be suspended, probated, deferred, or withheld, and the
charge shall not be reduced to a lesser offense, merged with any other offense,
or served concurrently with any other offense.
(c) It
shall be unlawful for a person:
(1) To impersonate a
sheriff, deputy sheriff, state trooper, agent of the Georgia Bureau of
Investigation, agent of the Federal Bureau of Investigation, police officer, or
any other authorized law enforcement officer by using a motor vehicle or
motorcycle designed, equipped, or marked so as to resemble a motor vehicle or
motorcycle belonging to any federal, state, or local law enforcement agency;
or
(2) Otherwise to impersonate any such law
enforcement officer in order to direct, stop, or otherwise control traffic.
40-6-396.
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(a) Any
person who, without malice aforethought, causes the death of another person
through the violation of subsection (a) of Code Section 40-6-26 commits the
offense of homicide by interference with an official traffic-control device or
railroad sign or signal and, upon conviction thereof, shall be punished by
imprisonment for not less than two nor more than 15 years.
(b) Any person who, without malice aforethought,
causes bodily harm to another by depriving such other person of a member of his
or her body, by rendering a member of his or her body useless, by seriously
disfiguring his or her body or a member thereof, or by causing organic brain
damage which renders the body or any member thereof useless through the
violation of subsection (a) of Code Section 40-6-26 commits the offense of
serious injury by interference with an official traffic-control device or
railroad sign or signal and, upon conviction thereof, shall be punished by
imprisonment for not less than one nor more than five years.
40-6-397.
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(a) A person
commits the offense of aggressive driving when he or she operates any motor
vehicle with the intent to annoy, harass, molest, intimidate, injure, or
obstruct another person, including without limitation violating Code Section
40-6-42, 40-6-48, 40-6-49, 40-6-123, 40-6-184, 40-6-312, or 40-6-390 with such
intent.
(b) Any person convicted of aggressive
driving shall be guilty of a misdemeanor of a high and aggravated nature.