40-8-1.
[
Index ]
(a) This article shall
not apply to implements of husbandry, road machinery, road rollers, farm
tractors, or three-wheeled motorcycles used only for agricultural purposes,
except when expressly made applicable. This article shall not apply to motorized
carts.
(b) Nothing in this article shall be construed
to prohibit the use of additional parts and accessories on any vehicle, which
use is not inconsistent with the provisions of this article.
40-8-2.
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Index ]
In addition to
the requirements of this article, the commissioner of motor vehicle safety, as
to the motor vehicles within the jurisdiction of the Department of Motor Vehicle
Safety, shall have the authority to promulgate rules designed to promote safety
pursuant to the provisions of Chapter 16 of this title and Chapter 7 of Title
46. Any such rules promulgated or deemed necessary by the commissioner shall
include the following: every motor unit and all parts thereof shall be
maintained in a safe condition at all times. The lights, brakes, and equipment
shall meet such safety requirements as the commissioner shall promulgate from
time to time.
40-8-3.
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Index ]
No
vehicle or load any portion of which drags or slides on the surface of the
roadway shall be used or transported on the highways. No vehicle shall be used
or transported on the highways the wheels of which, while being used or
transported, either from construction or otherwise, cause pounding on the road
surface.
40-8-4.
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Index ]
(a) It
shall be unlawful for any person to operate upon the public roads of this state
any slow-moving vehicle or equipment, any farm trailer or semitrailer which is
used for agricultural purposes and which would otherwise be exempt from this
article as an implement of husbandry under Code Section 40-8-1, any animal drawn
vehicle, or any machinery designed for use and generally operated at speeds less
than 25 miles per hour, including all road construction or maintenance equipment
and machinery except when engaged in actual construction or maintenance
procedures and all other construction equipment and machinery, unless there is
displayed on the rear thereof an emblem which shall comply with subsection (b)
of this Code section. It shall also be unlawful to operate upon the public roads
of this state without such an emblem any three-wheeled motorcycle used only for
agricultural purposes unless such three-wheeled motorcycle is licensed as
required by Chapter 2 of this title and is in compliance with all other
requirements of this chapter.
(b) The emblem required
by subsection (a) of this Code section shall conform with those standards and
specifications adopted for slow-moving vehicles by the American Society of
Agricultural Engineers in December, 1966, and contained within such
society´s standard ASAE S276.1, or shall be an emblem of the same shape and
size painted on such vehicle in a bright and conspicuous retroreflective red
orange paint. Such emblem shall be mounted on the rear of such vehicles, in the
approximate horizontal geometric center of the vehicle, at a height of three to
five feet above the roadway, and shall be maintained at all times in a clean and
reflective condition.
(c) Any person violating this
Code section shall be guilty of a misdemeanor.
(d)
Nothing in this Code section shall apply to any self-propelled, two-wheeled
vehicle.
40-8-5.
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Index ]
(a) It
shall be unlawful for any person knowingly to tamper with, adjust, alter,
change, set back, disconnect, or fail to connect an odometer of a motor vehicle,
or to cause any of the foregoing to occur to an odometer of a motor vehicle, so
as to reflect a lower mileage than the motor vehicle has actually been driven,
except as provided in this Code section.
(b) It shall
be unlawful for any person knowingly to bring into this state a motor vehicle
which reflects a lower mileage than the motor vehicle actually has been driven
due to any illegal acts outlined in subsection (a) of this Code section.
(c) It shall be unlawful for any person knowingly to
sell or attempt to sell a motor vehicle which reflects a lower mileage than the
motor vehicle actually has been driven due to any illegal acts outlined in
subsection (a) of this Code section.
(d) Subsections
(a), (b), and (c) of this Code section shall not apply to the disconnection of
the odometer used for registering the mileage or use of new motor vehicles being
tested by the manufacturer prior to delivery to a franchised dealer.
(e) It shall be unlawful for any person to advertise
for sale, to sell, to use, to install, or to have installed any device which
causes an odometer to register any mileage other than the actual mileage driven.
For the purposes of this subsection, the actual mileage driven is that mileage
driven by the vehicle as registered by the odometer within the
manufacturer´s designed tolerance.
(f) It shall
be unlawful for any person to conspire with any other person to violate this
Code section.
(g)(1) In addition to any other penalty
provided by law, any person who, with intent to defraud, violates this Code
section shall be liable in an amount equal to the sum of:
(A) Three times the amount of actual damages
sustained or $1,500.00, whichever is greater; and
(B)
In the case of any successful action to enforce the foregoing liability, the
costs of the action, together with reasonable attorney´s fees, as
determined by the court.
(2) Any action to enforce
any liability created under this subsection may be brought in any superior court
or state court having proper jurisdiction, within two years from the date on
which the liability arises.
(h)(1) If any person
violates any provision of this Code section, the Attorney General, any district
attorney in this state, or any solicitor-general in this state may bring an
action in any superior court or state court having jurisdiction to restrain such
violation.
(2) Any action arising under paragraph (1)
of this subsection may be brought within two years from the date of the
violation.
(i) Any person violating this Code section
shall be guilty of a misdemeanor.
40-8-6.
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Index ]
(a) It shall be unlawful to alter the suspension
system of any private passenger motor vehicle which may be operated on any
public street or highway more than two inches above or below the factory
recommendation for any such vehicle.
(b) It shall be
unlawful to operate any private passenger motor vehicle upon any highway,
roadway, or street if the suspension system of such vehicle has been altered
more than two inches above or below the factory recommendation for such vehicle.
(c) It shall be unlawful to operate any motor vehicle
upon any highway, roadway, or street if the springs relative to the suspension
system are broken.
(d) Any person violating this Code
section shall be guilty of a misdemeanor.
40-8-6.1.
(a) As used
in this Code section, the term:
(1) 'Frame' means the
main longitudinal structural members of the chassis of a truck.
(2) 'Frame height' means the vertical distance
between a level surface and the lowest point on the frame of a truck, measured
when the truck is upon such level surface without a load.
(3) 'Gross vehicle weight rating' means the
manufacturer´s gross vehicle weight rating whether or not the vehicle is
modified by use of parts not originally installed by the manufacturer.
(b) It shall be unlawful to alter the suspension
system of any truck with a gross vehicle weight rating of 4,500 pounds or less,
which may be operated on any public street or highway, so as to exceed 27 inches
as measured from the surface of the street to the lowest point on the frame of
the truck.
(c) It shall be unlawful to alter the
suspension system of any truck with a gross vehicle weight rating of not less
than 4,501 pounds and not more than 7,500 pounds, which may be operated on any
public street or highway, so as to exceed 30 inches as measured from the surface
of the street to the lowest point on the frame of the truck.
(d) It shall be unlawful to alter the suspension
system of any truck with a gross vehicle weight rating of not less than 7,501
pounds and not more than 14,000 pounds, which may be operated on any public
street or highway, so as to exceed 31 inches as measured from the surface of the
street to the lowest point on the frame of the truck.
(e) It shall be unlawful to operate any truck upon
any highway, roadway, or street if the suspension system has been altered in
excess of the limitations provided for in this Code section.
(f) Any person violating this Code section shall be
guilty of a misdemeanor.
40-8-7.
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Index ]
(a) No person shall drive or move on any highway any
motor vehicle, trailer, semitrailer, or pole trailer, or any combination
thereof, unless the equipment upon any and every such vehicle is in good working
order and adjustment as required in this chapter and the vehicle is in such safe
mechanical condition as not to endanger the driver or other occupant or any
person upon the highway.
(b) It is a misdemeanor for
any person to drive or move, or for the owner to cause or knowingly permit to be
driven or moved, on any street or highway any vehicle or combination of
vehicles:
(1) Which is in such unsafe condition as to
endanger any person;
(2) Which does not contain those
parts or is not at all times equipped with such lights and other equipment in
proper condition and adjustment as required in this chapter;
or
(3) Which is equipped in any manner in violation of
this chapter.
(c) It is also a misdemeanor for any
person to do any act forbidden or fail to perform any act required under this
chapter.
(d) Any vehicle suspected of being operated
in violation of this article may be the subject of an inspection conducted by
any law enforcement officer who has reason to believe such violation is
occurring, without the necessity of obtaining a warrant to permit such
inspection.
40-8-8.
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Index ]
Every motor vehicle operated upon a public street or
highway shall be equipped with a speedometer in good working order.
40-8-9.
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Index ]
It shall be
unlawful to operate in this state any truck or truck tractor having a gross
weight of 43,000 or more pounds which does not comply with Chapter 7 of Title 46
or the United States Department of
Transportation.
40-8-10.
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Index ]
(a) It shall be unlawful for any person on a public
road to drive a passenger car, excluding a motor home, which supplies the motor
vehicle´s combustion engine with nitrous oxide unless the system supplying
nitrous oxide is made inoperative by disconnecting the line feeding nitrous
oxide to the engine or by removing the container or containers of nitrous oxide
from the vehicle.
(b) Any person who violates
subsection (a) of this Code section shall be guilty of a
misdemeanor.
40-8-20.
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Index ]
Every vehicle upon a highway within this state at any
time from a half-hour after sunset to a half-hour before sunrise and at any time
when it is raining in the driving zone and at any other time when there is not
sufficient visibility to render clearly discernible persons and vehicles on the
highway at a distance of 500 feet ahead shall display lights, including
headlights, and illuminating devices as required in this part for different
classes of vehicles, subject to exceptions with respect to parked vehicles as
stated in this part.
40-8-21.
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Index ]
(a) Whenever this article declares the required
distance from which certain lights and devices shall render objects visible or
within which such lights or devices shall be visible, such provisions shall
apply during the times stated in Code Section 40-8-20 in respect to a vehicle
without load when upon a straight, level, unlighted highway under normal
atmospheric conditions, unless a different time or condition is expressly
stated.
(b) Except as provided in subsection (c) of
this Code section, whenever this article declares the required mounted height of
lights or devices, it shall mean the distance from the center of such light or
device to the level ground upon which the vehicle stands when such vehicle is
without a load.
(c)(1) As used in this subsection,
the term 'wrecker' means any vehicle designed to tow other vehicles.
(2) Except as provided in paragraph (3) of this
subsection, the taillights required by Code Section 40-8-23, the brake lights
required by Code Section 40-8-26, and the rear turn signal devices required by
Code Section 40-8-26 shall be permanently mounted on a wrecker so as to be
visible above any vehicle being towed by such wrecker by the drivers of vehicles
following such wrecker.
(3) If a wrecker is not
permanently equipped with lights as required by paragraph (2) of this
subsection, then whenever a wrecker is towing another vehicle temporary
taillights, brake lights, and rear turn signals which function so as to signal
the actions of the wrecker shall be attached to the vehicle being towed so as to
be visible by the drivers of vehicles following such wrecker.
40-8-22.
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Index ]
(a) Every
motor vehicle other than a motorcycle or motor driven cycle shall be equipped
with at least two but not more than four headlights, with at least one on each
side of the front of the motor vehicle, which headlights shall comply with the
requirements and limitations set forth in this article.
(b) Every motorcycle and every motor driven cycle
shall be equipped with at least one and not more than two headlights, which
shall comply with the requirements and limitations of this article.
(c) Every headlight upon every motor vehicle,
including every motorcycle and motor driven cycle, shall be located at a height
measured from the center of the headlight of not more than 54 inches nor less
than 24 inches, to be measured as set forth in subsection (b) of Code Section
40-8-21.
(d) The headlights required by this Code
section shall be maintained in proper working condition and shall not be covered
by any type of material, provided that the covering restriction shall not apply
to any vehicle on which the original factory headlights were covered.
(e) It shall be unlawful to operate a motor vehicle
unless such motor vehicle is equipped with aiming pads on each headlight.
40-8-23.
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Index ]
(a) Every
motor vehicle, trailer, semitrailer, and pole trailer manufactured prior to
January 1, 1954, shall be equipped with at least one taillight mounted on the
rear, which when lighted as required in this article shall emit a red light
plainly visible from a distance of 500 feet to the rear.
(b) Every motor vehicle, trailer, semitrailer, and
pole trailer manufactured after January 1, 1954, shall be equipped with two
taillights which meet the specifications provided in this Code section.
(c) Every taillight upon every vehicle shall be
located at a height of not more than 60 inches nor less than 20 inches, to be
measured as set forth in subsection (b) of Code Section 40-8-21.
(d) Either a taillight or a separate light shall be
so constructed and placed as to illuminate with a white light the rear
registration plate and render it clearly legible from a distance of 50 feet to
the rear. Any taillight or taillights, together with any separate light for
illuminating the rear registration plate, shall be so wired as to be lighted
whenever the headlights or auxiliary driving lights are lighted.
(e) All lenses on taillights shall be maintained in
good repair and shall meet manufacturers´ specifications.
40-8-24.
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Index ]
(a) Every
motor vehicle manufactured after March 12, 1954, and operated upon a highway,
other than a truck tractor, motorcycle, or motor driven cycle, shall carry on
the rear, either as a part of the taillights or separately, two red reflectors,
and every motorcycle and every motor driven cycle shall carry on the rear at
least one red reflector, meeting the requirements of this Code section.
(b) Every such reflector shall be mounted on the
vehicle at a height not less than 20 inches nor more than 60 inches measured as
set forth in subsection (b) of Code Section 40-8-21 and shall be of such size
and characteristics and so mounted as to be visible at night from all distances
within 300 feet to 50 feet from the rear of such vehicle except that visibility
from the greater distance is hereinafter required of reflectors on certain types
of vehicles.
(c) When operated, towed, or parked upon
a highway, roadway, or street at any time, every trailer and semitrailer which
would otherwise be exempt from this article as an implement of husbandry under
Code Section 40-8-1 shall carry on the rear, either as a part of the taillights
or separately, two red reflectors and shall carry on the front two red
reflectors. The reflectors carried on the rear shall meet the requirements of
subsection (b) of this Code section. The reflectors carried on the front of such
trailer or semitrailer shall be mounted thereon at a height of not less than 20
inches nor more than 60 inches measured as set forth in subsection (b) of Code
Section 40-8-21 and shall be of such size and characteristics and so mounted as
to be visible at night from all distances within 300 feet to 50 feet from the
front of such trailer or semitrailer.
40-8-25.
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Index ]
(a) It shall be unlawful for any person to sell any
motor vehicle manufactured after January 1, 1954, including any motorcycle or
motor driven cycle manufactured after January 1, 1954, in this state or for any
person to drive such vehicle on the highways unless it is equipped with at least
one brake light meeting the requirements of Code Section 40-8-26.
(b) If a motor vehicle is manufactured with two brake
lights, both must be operational.
(c) No person shall
sell or offer for sale or operate on the highways any motor vehicle, trailer, or
semitrailer registered in this state and manufactured or assembled after January
1, 1954, unless it is equipped with mechanical or electrical turn signals
meeting the requirements of Code Section 40-8-26. This subsection shall not
apply to any motorcycle or motor driven cycle manufactured prior to January 1,
1972.
40-8-26.
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Index ]
(a) Any
motor vehicle may be equipped and when required under this article shall be
equipped with the following signal lights or devices:
(1) A brake light on the rear which shall emit a red
light and which shall be actuated upon application of the service (foot) brake
and which may but need not be incorporated with a taillight;
and
(2) A light or lights or mechanical signal device
capable of clearly indicating any intention to turn either to the right or to
the left and which shall be visible from both the front and the rear.
(b) Every brake light shall be plainly visible and
understandable from a distance of 300 feet to the rear both during normal
sunlight and at nighttime, and every signal light or lights indicating intention
to turn shall be visible and understandable during daytime and nighttime from a
distance of 300 feet from both the front and the rear. When a vehicle is
equipped with a brake light or other signal lights, such light or lights shall
at all times be maintained in good working condition. No brake light or signal
light shall project a glaring or dazzling light.
(c)
All mechanical signal devices shall be self-illuminated when in use at the times
mentioned in Code Section 40-8-20.
(d) All lenses on
brake lights and signal devices shall be maintained in good repair and shall
meet manufacturers´ specifications.
40-8-27.
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Index ]
(a) Except as provided in subsection (b) of this Code
section, whenever the load upon any vehicle extends to the rear four feet or
more beyond the bed or body of such vehicle, there shall be displayed at the
extreme rear end of the load, at the times specified in Code Section 40-8-20, a
red light plainly visible from a distance of at least 500 feet to the sides and
rear. The red light required under this Code section shall be in addition to the
red rear light required upon every vehicle. At any other time there shall be
displayed at the extreme rear end of such load a flag as described in subsection
(c) of this Code section not less than 12 inches square and so hung that the
entire area is visible to the driver of a vehicle approaching from the rear.
(b) Any motor vehicle or trailer transporting a load
of logs, long pulpwood, poles, or posts which extend more than four feet beyond
the rear of the body or bed of such vehicle shall have securely affixed as close
as practical to the end of any such projection one amber strobe type lamp
equipped with a multidirectional type lens so mounted as to be visible from the
rear and both sides of the projecting load. If the mounting of one strobe lamp
cannot be accomplished so that it is visible from the rear and both sides of the
projecting load, multiple strobe lights shall be utilized so as to meet the
visibility requirements of this subsection. The strobe lamp shall flash at a
rate of at least 60 flashes per minute and shall be plainly visible from a
distance of at least 500 feet to the rear and sides of the projecting load any
time of the day or night. The lamp shall be operating at any time of the day or
night when the vehicle is operated on any highway or parked on the shoulder or
immediately adjacent to the traveled portion of any public roadway. The
projecting load shall also be marked with a flag as described in subsection (c)
of this Code section. An emergency light permit as provided for in Code Section
40-8-92 is not required on a vehicle utilizing an amber strobe light to comply
with the provisions of this Code section.
(c) The
flag as required by subsection (a) or (b) of this Code section shall be of a
bright red or orange color not less than 12 inches square which is clearly
visible and shall be displayed in such a manner that the entire area of the flag
is visible from the rear of the vehicle.
40-8-28.
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Index ]
(a) When a vehicle is lawfully parked upon a street
or highway during the hours between a half-hour after sunset and a half-hour
before sunrise, and there is sufficient light to reveal any person or object
within a distance of 500 feet upon such street or highway, no lights need be
displayed upon such parked vehicle.
(b) When a
vehicle is parked or stopped upon a roadway or shoulder adjacent thereto,
whether attended or unattended, during the hours between a half-hour after
sunset and a half-hour before sunrise and there is not sufficient light to
reveal any person or object within a distance of 500 feet upon such highway,
such vehicle so parked or stopped shall be equipped with one or more lights
meeting the following requirements: at least one light shall display a white or
amber light visible from a distance of 500 feet to the front of the vehicle, and
the same light or at least one other light shall display a red light visible
from a distance of 500 feet to the rear of the vehicle; and the location of such
light or lights shall always be such that at least one light or combination of
lights meeting the requirements of this Code section is installed as near as
practicable to the side of the vehicle which is closest to passing traffic. This
subsection shall not apply to a motor driven cycle.
(c) If a vehicle is manufactured with two lights
meeting the requirements of subsection (b) of this Code section, both such
lights shall be maintained in good working order.
(d)
Any lighted headlights upon a parked vehicle shall be depressed or dimmed.
40-8-29.
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Index ]
(a) Any motor
vehicle may be equipped with not to exceed one spotlight, and no lighted
spotlight shall be aimed and used upon any approaching vehicle. It shall be
unlawful for any person except law enforcement officers and persons licensed
under Chapter 38 of Title 43 to operate a spotlight from any moving vehicle on
any highway or public roadway.
(b) Any motor vehicle
may be equipped with not to exceed two foglights mounted on the front at a
height not less than 12 inches nor more than 30 inches above the level surface
upon which the vehicle stands and so aimed that when the vehicle is not loaded
none of the high intensity portion of the light to the left of the center of the
vehicle shall at a distance of 25 feet ahead project higher than a level of four
inches below the level of the center of the light from which it comes.
(c) Any motor vehicle may be equipped with not to
exceed one auxiliary passing light mounted on the front at a height not less
than 24 inches nor more than 42 inches above the level surface upon which the
vehicle stands, and every such auxiliary passing light shall meet the
requirements and limitations set forth in this article.
(d) Any motor vehicle may be equipped with not to
exceed one auxiliary driving light mounted on the front at a height not less
than 16 inches nor more than 42 inches above the level surface upon which the
vehicle stands, and every such auxiliary driving light shall meet the
requirements and limitations set forth in this article.
40-8-30.
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Index ]
Except as
hereinafter provided in this part, the headlights or the auxiliary driving light
or the auxiliary passing light or combination thereof on motor vehicles other
than motorcycles or motor driven cycles shall be so arranged that the driver may
select at will between distributions of light projected to different elevations,
and such lights may, in addition, be so arranged that such selection can be made
automatically, subject to the following limitations:
(1) There shall be an uppermost distribution of
light, or composite beam, so aimed and of such intensity as to reveal persons
and vehicles at a distance of at least 350 feet ahead for all conditions of
loading;
(2) There shall be a lowermost distribution
of light, or composite beam, so aimed and of sufficient intensity to reveal
persons and vehicles at a distance of at least 100 feet ahead; and on a straight
level road under any condition of loading none of the high intensity portion of
the beam shall be directed to strike the eyes of an approaching driver;
(3) Every new motor vehicle other than a motorcycle
or a motor driven cycle registered in this state which has multiple-beam road
lighting equipment shall be equipped with a beam indicator which shall be
lighted whenever the uppermost distribution of light from the headlights is in
use and shall not otherwise be lighted. Such indicator shall be so designed and
located that when lighted it will be readily visible without glare to the driver
of the vehicle so equipped.
40-8-31.
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Index ]
Whenever a motor vehicle is being operated on a
roadway or shoulder adjacent thereto during the times specified in Code Section
40-8-20, the driver shall use a distribution of light, or composite beam,
directed high enough and of sufficient intensity to reveal persons and vehicles
at a safe distance in advance of the vehicle, subject to the following
requirements and limitations:
(1) Whenever a driver
of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall
use a distribution of light, or composite beam, so aimed that the glaring rays
are not projected into the eyes of the oncoming driver. The lowermost
distribution of light, or composite beam, specified in paragraph (2) of Code
Section 40-8-30 shall be deemed to avoid glare at all times, regardless of road
contour and loading; and
(2) Whenever the driver of a
vehicle follows another vehicle within 200 feet to the rear, except when engaged
in the act of overtaking and passing, such driver shall use a distribution of
light permissible under this chapter other than the uppermost distribution of
light specified in paragraph (1) of Code Section 40-8-30.
40-8-32.
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Index ]
Any automobile
operated by a rural mail carrier for the purpose of delivering mail shall be
authorized to display two amber colored lights so as to warn approaching
travelers to decrease their speed because of the danger of colliding with such
mail carrier as he stops and starts along the edge of the highway. Such amber
lights should be visible under normal atmospheric conditions from a distance of
500 feet to the front of such vehicle.
40-8-33.
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Index ]
(a) Every farm tractor and every three-wheeled
motorcycle used only for agricultural purposes equipped with an electric
lighting system shall at all times mentioned in Code Section 40-8-20 display a
red taillight and either multiple-beam or single-beam road lighting equipment
meeting the requirements of Code Sections 40-8-23 and 40-8-30, respectively.
(b) When operated or towed upon a highway, roadway,
or street at any time from a half-hour after sunset to a half-hour before
sunrise and at any time when it is raining in the driving zone and at any other
time when there is not sufficient visibility to render clearly discernible
persons and vehicles on the highway, roadway, or street at a distance of 500
feet to the rear, every trailer and semitrailer which would otherwise be exempt
from this article as an implement of husbandry under Code Section 40-8-1 either
shall comply with Code Section 40-8-23, relating to taillights, or shall be
equipped with an operating red flashing light which is plainly visible from a
distance of 500 feet to the rear and which is either permanently or temporarily
fixed to the rear of such trailer or semitrailer or shall be accompanied by an
escort vehicle which is equipped with one or more operating red or amber
flashing lights that are visible from a distance of 500 feet and which shall
follow such trailer or semitrailer.
(c) Nothing in
this Code section shall be construed to impose a duty on a manufacturer of an
implement of husbandry under Code Section 40-8-1 to install an electric lighting
system, taillights, or red flashing lights or otherwise equip implements of
husbandry to be in compliance with the provisions of this Code section at the
time of manufacture or sale; it being the intent of this Code section to place a
duty on operators of the equipment only under specified circumstances and
conditions, and not on manufacturers.
40-8-34.
[
Index ]
The color in all lighting equipment covered in this
title shall be in accordance with Society of Automotive Engineers (SAE) Standard
J578, April, 1965, as thereafter revised or amended.
40-8-35.
[
Index ]
Any low-speed
vehicle operated on the highways of this state shall display an amber strobe
light so as to warn approaching travelers to decrease their speed because of the
danger of colliding with such vehicle. Such amber strobe light shall be mounted
in a manner so as to be visible under normal atmospheric conditions from a
distance of 500 feet from the front and rear of such
vehicle.
40-8-50.
[
Index ]
(a) As
used in this Code section, the term:
(1) 'Gross
combination weight rating (GCWR)' means the combined gross vehicle weight
ratings of all vehicles in a combination of vehicles.
(2) 'Gross vehicle weight rating (GVWR)' means the
value specified by the manufacturer or manufacturers as the maximum loaded
weight of a single or a combination (articulated) vehicle, the actual gross
weight, or registered gross weight, whichever is greater.
(3) 'Hazardous material' has the meaning provided by
Chapter 51 of Title 49 of the United States Code Annotated.
(4) 'Surge brakes' means a system of brakes on a
trailer or semitrailer in which the trailer service brakes are activated as a
result of the forward pressure of the trailer against the towing vehicle during
deceleration.
(b) Every motor vehicle, other than a
motorcycle or motor driven cycle, when operated upon a highway shall be equipped
with brakes adequate to control the movement of and to stop and hold such
vehicle, including two separate means of applying the brakes, each of which
means shall be effective to apply the brakes to at least two wheels. If these
two separate means of applying the brakes are connected in any way, they shall
be so constructed that failure on any one part of the operating mechanism shall
not leave the motor vehicle without brakes on at least two wheels.
(c) Every motorcycle and motor driven cycle
manufactured after January 1, 1974, when operated upon a highway, shall be
equipped with at least two brakes which may be operated by hand or foot.
(d) Except as otherwise provided in subsection (e) of
this Code section, every trailer or semitrailer of 3,000 pounds gross weight or
more shall be equipped with brakes on all wheels. Any farm trailer with two or
more wheels, pulled from a tongue, used in or operated for farm purposes,
including transporting fertilizer and agricultural materials to the farm, shall
not be required to have an independent braking system thereon, provided such
farm trailer shall not weigh over 4,000 pounds when empty.
(e) Any trailer or semitrailer may utilize surge
brakes, subject to the following conditions and limitations:
(1) The vehicle or combination of vehicles does not
include a vehicle designed or used to transport 16 or more passengers, including
the driver;
(2) The trailer or semitrailer has a
gross vehicle weight rating which does not exceed 12,000 pounds;
(3) The combination of vehicles does not exceed a
gross combination weight rating of 26,000 pounds;
(4)
The actual gross weight of the trailer or semitrailer and load does not exceed
the manufacturer´s gross vehicle weight rating;
(5) The trailer or semitrailer brakes must be
designed and connected in such a manner that in case of accidental breakaway of
the towed vehicle the brakes shall apply automatically;
(6) The trailer or semitrailer is not used to
transport hazardous materials in a type and quantity which requires placarding;
(7) The trailer or semitrailer is not used to
transport liquids or gases contained in packaging which exceeds 119 gallons
capacity; and
(8) For vehicles used for commercial
purposes, the vehicle or combination of vehicles is used only in intrastate
commerce and complies in all other respects with licensing, insurance,
registration, identification, driver and vehicle safety, and hazardous materials
regulations of the Department of Motor Vehicle Safety and United States
Department of Transportation applicable to such vehicles or combination of
vehicles.
40-8-51.
[
Index ]
(a)
One of the means of brake operation shall consist of a mechanical connection
from the operating lever to the brake shoes or bands, and this brake shall be
capable of holding the vehicle or combination of vehicles stationary under any
condition of loading on any upgrade or downgrade upon which it is operated.
(b) The brake shoes operating within or upon the
drums on the vehicle wheels of any motor vehicle may be used for both service
and hand operation.
40-8-52.
[
Index ]
Every 1966 model motor vehicle and all subsequent
model motor vehicles shall be equipped with parking brakes adequate to hold the
vehicle on any grade on which it is operated, under all conditions of loading,
on a surface free from snow, ice, or loose material. The parking brakes shall be
capable of being applied in conformance with the foregoing requirements by the
driver´s muscular effort or by spring action or by equivalent means. Their
operation may be assisted by the service brakes or other source of power,
provided that failure of the service brake actuation system or other power
assisting mechanism will not prevent the parking brakes from being applied in
conformance with the foregoing requirements. The parking brakes shall be so
designed that when once applied they shall remain applied with the required
effectiveness despite exhaustion of any source of energy or leakage of any kind.
The same brake drums, brake shoes and lining assemblies, brake shoe anchors, and
mechanical brake shoe actuation mechanism normally associated with the wheel
brake assemblies may be used for both the service brakes and the parking brakes.
If the means of applying the parking brakes and the service brakes are connected
in any way, they shall be so constructed that failure of any one part shall not
leave the vehicle without operative brakes.
40-8-53.
[
Index ]
Every motor
vehicle or combination of motor drawn vehicles shall be capable at all times and
under all conditions of loading of being stopped on a dry, smooth, level road
free from loose material, upon application of the service (foot) brake within
the distances specified in this Code section or shall be capable of being
decelerated at a sustained rate corresponding to these distances.
Feet to Stop From 20 Miles Per Hour
Deceleration in Feet Per Second
Vehicles or
combinations of vehicles having brakes on all wheels 30
14
Vehicles or combinations of vehicles not having
brakes on all wheels 40 10.7
40-8-54.
[
Index ]
All brakes shall be maintained in good working order
and shall be so adjusted as to operate as equally as practicable with respect to
the wheels on opposite sides of the vehicle.
40-8-70.
[
Index ]
(a) Every
motor vehicle when operated upon a highway shall be equipped with a horn in good
working order and capable of emitting sound audible under normal conditions from
a distance of not less than 200 feet, but no horn or other warning device shall
emit an unreasonably loud or harsh sound or a whistle. The driver of a motor
vehicle shall, when it is reasonably necessary to ensure safe operation, give
audible warning with his or her horn but shall not otherwise use such horn when
upon a highway.
(b) No vehicle shall be equipped with
nor shall any person use upon a vehicle any siren, whistle, or bell except as
otherwise permitted in this Code section and Code Section 40-8-94.
(c) No vehicle shall be equipped with a theft alarm
signal device which is so arranged that it can be used by the driver as an
ordinary warning signal.
40-8-71.
[
Index ]
(a) Every motor vehicle shall at all times be
equipped with an exhaust system, in good working order and in constant
operation, meeting the following specifications:
(1)
The exhaust system shall include the piping leading from the flange of the
exhaust manifold to and including the muffler or mufflers and tail pipes;
(2) The use of flexible pipe shall be prohibited
except on diesel tractors or according to manufacturers´ original
specifications;
(3) The exhaust emission point shall
extend beyond the rear or outside of the passenger compartment. The trunk shall
be considered as part of the passenger compartment;
(4) The exhaust system and its elements shall be
securely fastened, including the consideration of missing or broken hangers;
and
(5) There shall be no part of the exhaust system
passing through the passenger compartment or any exposed stack so located that
any individual entering or leaving the vehicle may be burned.
(b) The engine and power mechanism of every motor
vehicle shall be so equipped and adjusted as to prevent the escape of excessive
fumes or smoke.
(c) It shall be unlawful for any
person to sell or offer for sale any muffler which causes excessive or unusual
noise or annoying smoke or any muffler cutout, bypass, or similar device for use
on a motor vehicle or for any person to use, to sell, or to offer for sale any
motor vehicle equipped with any such muffler, muffler cutout, bypass, or similar
device. Any person violating this subsection shall be guilty of a misdemeanor.
40-8-72.
[
Index ]
Every motor
vehicle which is so constructed or loaded as to obstruct the driver´s view
to the rear thereof from the driver´s position shall be equipped with a
mirror so located as to reflect to the driver a view of the highway for a
distance of at least 200 feet to the rear of such vehicle.
40-8-73.
[
Index ]
(a) No person
shall drive any motor vehicle with any sign, poster, or other nontransparent
material upon the front windshield, side windows, or rear windows of such
vehicle which obstructs the driver´s clear view of the highway or any
intersecting highway.
(b) The windshield of every
motor vehicle shall be equipped with a device for cleaning rain, snow, or other
moisture therefrom, which device shall be so constructed as to be controlled or
operated by the driver of the vehicle.
(c) Every
windshield wiper upon a motor vehicle shall be maintained in good working order.
(d) No opaque or solid material including, but not
limited to, cardboard, plastic, and taped glass shall be employed in lieu of a
glass windshield or window.
(e) No motor vehicle
shall be operated with a windshield or rear window having a starburst or spider
webbing effect greater than three inches by three inches.
40-8-73.1.
[
Index ]
(a) As used
in this Code section, the term:
(1) 'Light
reflectance' means the ratio of the amount of total light that is reflected
outward by a product or material to the amount of total light falling on the
product or material.
(2) 'Light transmission' means
the ratio of the amount of total light, expressed in percentages, which is
allowed to pass through a surface to the amount of light falling on the surface.
(3) 'Manufacturer' means a person who produces or
assembles a vehicle glass-coating material or who fabricates, laminates, or
tempers a safety-glazing material, which material reduces light transmission.
(4) 'Material' means any transparent product or
substance which reduces light transmission.
(5)
'Multipurpose passenger vehicle' means a motor vehicle designed to carry ten
persons or less which is constructed on a truck chassis or with special features
for occasional off-road operation.
(b) Except as
provided in this Code section, from and after January 1, 1990, it shall be
unlawful for any resident person to operate a motor vehicle in this state:
(1) Which has material and glazing applied or affixed
to the front windshield, which material and glazing when so applied or affixed
reduce light transmission through the windshield;
or
(2) Which has material and glazing applied or
affixed to the rear windshield or the side or door windows, which material and
glazing when so applied or affixed reduce light transmission through the
windshield or window to less than 32 percent or increase light reflectance to
more than 20 percent.
(c) The provisions of
subsection (b) of this Code section shall not apply to:
(1) Adjustable sun visors which are mounted forward
of the side windows and are not attached to the glass;
(2) Signs, stickers, or other matter which is
displayed in a seven-inch square in the lower corner of the windshield farthest
removed from the driver or signs, stickers, or other matter which is displayed
in a five-inch square in the lower corner of the windshield nearest the driver;
(3) Direction, destination, or termination signs upon
a passenger common carrier motor vehicle if the signs do not interfere with the
driver´s clear view of approaching traffic;
(4)
Any transparent item which is not red or amber in color which is placed on the
uppermost six inches of the windshield;
(5) Any
federal, state, or local sticker or certificate which is required by law to be
placed on any windshield or window;
(6) The rear
windshield or the side or door windows, except those windows to the right and
left of the driver of:
(A) A multipurpose passenger
vehicle;
(B) A school bus, any other bus used for
public transportation, and any bus or van owned or leased by any religious or
any nonprofit organization duly incorporated under the laws of this state;
(C) Any limousine owned or leased by a public or
private entity; or
(D) Any other vehicle, the windows
or windshields of which have been tinted or darkened before factory delivery or
permitted by federal law or regulation;
(7) Any motor
vehicle not registered in this state; or
(8) Any law
enforcement vehicle.
(d) The Department of Motor
Vehicle Safety may, upon application from a person required for medical reasons
to be shielded from the direct rays of the sun and only if such application is
supported by written attestation of such fact from a person licensed to practice
medicine under Chapter 34 of Title 43, issue an exemption from the provisions of
this Code section for any motor vehicle owned by such person or in which such
person is a habitual passenger. The exemption shall be issued with such
conditions and limitations as may be prescribed by the Department of Motor
Vehicle Safety.
(e) From and after January 1, 1990,
each manufacturer of material designed to be affixed or applied to the windows
or windshields of a motor vehicle shall, before shipping such material into this
state, apply to the commissioner of public safety for approval and registration
of its material and the label for identification and certification of
compliance. No material shall be approved by the commissioner unless the
manufacturer demonstrates that such material, when applied or affixed to a
window, shall not reduce light transmission or increase light reflectance in
violation of subsection (b) of this Code section. The manufacturer of any
material shipped into this state on or after January 1, 1990, shall provide
labels of a size and type approved by the commissioner, written instructions for
the placement of such labels, and a notice that the improper installation of
material to a window or windshield or the failure to display a label as provided
in this subsection is a violation of state law. It shall be unlawful for any
person to alter or reproduce any label approved by the commissioner or to
knowingly use any approved label except as authorized by this Code section.
(f) From and after January 1, 1990, any motor vehicle
which has material and glazing applied or affixed to the windows or rear
windshield of such vehicle, which material and glazing have reduced the light
transmission through such window or windshield or increased the light
reflectance of such window or windshield, shall display a label visible from the
outside of such vehicle indicating that such windows and windshield are in
compliance with the light transmission and light reflectance requirements as
provided in subsection (b) of this Code section. From and after January 1, 1990,
no person shall install any material upon the windshields or windows of any
motor vehicle, the installation of which would result in a reduction of light
transmission or an increase in light reflectance in violation of subsection (b)
of this Code section.
(g) The Department of Public
Safety is authorized to promulgate such rules and regulations as may be
necessary to carry out the provisions of this Code section.
(h) Any person who violates subsection (b), (e), or
(f) of this Code section shall be guilty of a misdemeanor.
40-8-74.
[
Index ]
(a) No vehicle
equipped with solid rubber tires shall be used or transported on the highways,
unless every solid rubber tire on such vehicle shall have rubber on its entire
traction surface at least one inch thick above the edge of the flange on the
entire periphery.
(b) No person shall operate or move
on any highway any motor vehicle, trailer, or semitrailer having any metal tire
in contact with the roadway.
(c) No tire on a vehicle
moved on a highway shall have on its periphery any block, stud, flange, cleat,
or spike or any other protuberance of any material other than rubber which
projects beyond the tread of the traction surface of the tire, except that it
shall be permissible to use:
(1) Farm machinery with
tires having protuberances which will not injure the highway;
and
(2) Tire chains of reasonable proportions or tires
equipped with safety metal spike studs upon any vehicle when required for safety
because of snow, ice, or other conditions tending to cause a vehicle to skid.
(d) The transportation board and local authorities in
their respective jurisdictions may in their discretion issue special permits
authorizing the operation upon a highway of traction engines or tractors having
movable tracks with transverse corrugations upon the periphery of such movable
tracks, or of farm tractors or other farm machinery, the operation of which upon
a highway would otherwise be prohibited under this Code section.
(e) All tires:
(1) Shall
have not less than 2/32 inch tread measurable in all major grooves with the
exception of school buses which shall have not less than 4/32 inch tread
measurable in all major grooves on the front tires and not less than 2/32 inch
tread measurable in all major grooves on the rear tires when there are at least
four tires on the rear otherwise the tread on the rear tires shall be not less
than 4/32 inch;
(2) Shall be free from any cuts,
breaks, or snags on tread and sidewall deep enough to expose body cord;
and
(3) Shall be free from bumps, bulges, or
separations.
(f) No motor vehicle shall be operated
on a public street or highway with tires that have been marked 'not for highway
use,' 'for racing purposes only,' or 'unsafe for highway use.'
(g) Retreaded tires shall not be used upon the front
wheels of buses.
40-8-75.
[
Index ]
Every bus, truck, full trailer, semitrailer, and pole
trailer, with the exception of local haul pulpwood trucks and local haul waste
collection dumping trailers, shall be equipped with suitable metal protectors or
substantial flexible flaps on the rearmost wheels to prevent, as far as
practicable, such wheels from throwing dirt, gravel, rocks, water, or other
materials on the windshields of following vehicles. Such protectors or flaps
shall have a ground clearance of not more than one-half of the distance from the
center of the rearmost axle to the center of the protector or flap under any
conditions of loading of the vehicle and shall be at least as wide as the tires
they are covering; provided, however, that if any such bus, truck, full trailer,
semitrailer, or pole trailer is so designed and constructed that the foregoing
requirements are accomplished by means of fenders, body construction, or other
enclosures, then the protectors or flaps provided for in this Code section shall
not be required.
40-8-76.
[
Index ]
(a) No new private passenger automobile manufactured
after January 1, 1964, shall be sold to the general public in this state unless
such automobile shall be equipped with two sets of safety belts for the front
seat thereof. The safety belts may be installed by the manufacturer prior to
delivery to the dealer, or they may be installed by the dealer.
(b)(1) On and after July 1, 1984, every driver who
transports a child four years of age or younger in a passenger automobile, van,
or pickup truck, other than a taxicab as defined by Code Section 33-34-5.1 or a
public transit vehicle as defined by Code Section 40-5-20, shall, while such
motor vehicle is in motion and operated on a public road, street, or highway of
this state, provide for the protection of such child in a child passenger
restraining system approved by the United States Department of Transportation
under Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983. A
driver shall not be deemed to be complying with the provisions of this
subsection unless the child passenger restraining system is installed and being
used in accordance with the manufacturer´s directions for such system. The
provisions of this subsection shall not apply when the child´s parent or
guardian obtains a physician´s written statement that a physical or medical
condition of the child prevents placing or restraining him or her in any such
child passenger restraining system.
(2) Upon a first
conviction of an offense under this subsection, the defendant shall be punished
by a fine of not more than $50.00. Upon a second or subsequent conviction of an
offense under this subsection, the defendant shall be punished by a fine of not
more than $100.00. No court shall impose any additional fees or surcharges to a
fine for such a violation. The court imposing a fine for any violation of this
Code section shall forward a record of the disposition of the cases annually to
the Department of Public Safety for the sole purpose of data collection on a
county by county basis.
(c) It shall be the duty of
the Governor´s Office of Highway Safety to implement and coordinate a
program to inform parents and other citizens of Georgia of the reasons for the
enactment of subsection (b) of this Code section. Such program shall be carried
out prior to January 1, 1997. The Governor´s Office of Highway Safety shall
solicit the cooperation and assistance of the Georgia State Patrol, the Georgia
Sheriffs Association, the Georgia Association of Chiefs of Police, Incorporated,
the Peace Officers´ Association of Georgia, the Medical College of Georgia,
the Georgia Hospital Association, the Georgia Association of Educators, the
Georgia Parent-Teacher Association, and other appropriate organizations in
educating the citizens of the state and in implementing, coordinating, and
carrying out the program provided for herein.
(d)
Violation of this Code section shall not constitute negligence per se nor
contributory negligence per se. Violation of child safety restraint requirements
shall not be the basis for cancellation of coverage or increase in insurance
rates.
40-8-76.1.
[
Index ]
(a)
As used in this Code section, the term 'passenger vehicle' means every motor
vehicle designed to carry ten passengers or less and used for the transportation
of persons but shall not mean pickup trucks, motorcycles, motor driven cycles,
or vehicles equipped for off-road use, provided that the term 'passenger
vehicle' includes any sport utility vehicle and also includes pickup trucks for
any occupant who is under 18 years of age.
(b) Each
occupant of the front seat of a passenger vehicle shall, while such passenger
vehicle is being operated on a public road, street, or highway of this state, be
restrained by a seat safety belt approved under Federal Motor Vehicle Safety
Standard 208.
(c) The requirement of subsection (b)
of this Code section shall not apply to:
(1) A driver
or passenger frequently stopping and leaving the vehicle or delivering property
from the vehicle, if the speed of the vehicle between stops does not exceed 15
miles per hour;
(2) A driver or passenger possessing
a written statement from a physician that such person is unable, for medical or
physical reasons, to wear a seat safety belt;
(3) A
driver or passenger possessing an official certificate or license endorsement
issued by the appropriate agency in another state or country indicating that the
driver is unable for medical, physical, or other valid reasons to wear a seat
safety belt;
(4) A driver operating a passenger
vehicle in reverse;
(5) A passenger vehicle with a
model year prior to 1965;
(6) A passenger vehicle
which is not required to be equipped with seat safety belts under federal law;
(7) A passenger vehicle operated by a rural letter
carrier of the United States Postal Service while performing duties as a rural
letter carrier;
(8) A passenger vehicle from which a
person is delivering newspapers; or
(9) A passenger
vehicle performing an emergency service.
(d) The
failure of an occupant of a motor vehicle to wear a seat safety belt in any seat
of a motor vehicle which has a seat safety belt or belts shall not be considered
evidence of negligence or causation, shall not otherwise be considered by the
finder of fact on any question of liability of any person, corporation, or
insurer, shall not be any basis for cancellation of coverage or increase in
insurance rates, and shall not be evidence used to diminish any recovery for
damages arising out of the ownership, maintenance, occupancy, or operation of a
motor vehicle.
(e)(1) Except as otherwise provided in
paragraphs (2) and (3) of this subsection, a person failing to comply with the
requirements of subsection (b) of this Code section shall not be guilty of any
criminal act and shall not be guilty of violating any ordinance. A violation of
this Code section shall not be a moving traffic violation for purposes of Code
Section 40-5-57.
(2) A person failing to comply with
the requirements of subsection (b) of this Code section shall be guilty of the
offense of failure to wear a seat safety belt and, upon conviction thereof, may
be fined not more than $15.00; but, the provisions of Chapter 11 of Title 17 and
any other provision of law to the contrary notwithstanding, the costs of such
prosecution shall not be taxed nor shall any additional penalty, fee, or
surcharge to a fine for such offense be assessed against a person for conviction
thereof. The court imposing such fine shall forward a record of the disposition
of the case of failure to wear a seat safety belt to the Department of Motor
Vehicle Safety.
(3) Each minor over four years of age
who is an occupant of a passenger vehicle shall, while such passenger vehicle is
being operated on a public road, street, or highway of this state, be restrained
by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208.
In any case where a minor passenger over four years of age fails to comply with
the requirements of this paragraph, the driver of the passenger vehicle shall be
guilty of the offense of failure to secure a seat safety belt on a minor and,
upon conviction thereof, may be fined not more than $25.00. The court imposing
such a fine shall forward a record of the court disposition of the case of
failure to secure a seat safety belt on a minor to the Department of Motor
Vehicle Safety.
(f) Probable cause for violation of
this Code section shall be based solely upon a law enforcement officer´s
clear and unobstructed view of a person not restrained as required by this Code
section. Noncompliance with the restraint requirements of this Code section
shall not constitute probable cause for violation of any other Code section.
40-8-77.
[
Index ]
(a) As used in
this Code section, the term 'private passenger automobile' shall mean a
four-wheel motor vehicle designed for carrying ten passengers or less, not for
hire, for use on public roads and highways, and not designed for use as a
dwelling or for camping, provided that the term 'private passenger automobile'
shall not include a multipurpose vehicle, which is, for the purposes of this
Code section, defined as a motor vehicle, except a trailer, designed to carry
ten passengers or less and constructed either on a truck chassis or with special
features for occasional off-road operation.
(b) Every
new private passenger automobile manufactured on and after August 1, 1973, which
is sold or licensed in this state shall be sold subject to the
manufacturer´s warranty that it is equipped with an appropriate energy
absorption system conforming to all federal motor vehicle safety standards
applicable to such automobile on the date of manufacture. The warranty may be
given by means of the federal safety standard certification label affixed to the
automobile.
40-8-78.
[
Index ]
(a)
No person shall sell any motor vehicle manufactured after January 1, 1954, nor
shall any such motor vehicle be registered unless such vehicle is equipped with
safety glazing materials of a type approved by the commissioner of motor vehicle
safety wherever glazing materials are used in doors, windows, and windshields.
The provisions of this Code section shall apply to all passenger-type motor
vehicles, including passenger buses and school buses, but in respect to trucks,
including truck tractors, the requirements as to safety glazing materials shall
apply to all glazing materials used in doors, windows, and windshields in the
drivers´ compartments of such vehicles.
(b) The
term 'safety glazing materials' means glazing materials so constructed, treated,
or combined with other materials as to reduce substantially, in comparison with
ordinary sheet glass or plate glass, the likelihood of injury to persons by
objects from exterior sources or by these safety glazing materials when they may
be cracked or broken.
(c) Any person engaged in the
business of replacing windshields or any side or rear windows of motor vehicles,
which are subject to the provisions of this Code section, shall not replace such
windshields or side or rear windows with any glazing materials other than safety
glazing materials approved by the commissioner.
(d)
The commissioner of motor vehicle safety shall compile and publish a list of
types of glazing materials by name approved by him or her as meeting the
requirements of this Code section and the commissioner shall not register any
motor vehicle which is subject to the provisions of this Code section unless it
is equipped with an approved type of safety glazing materials, and he or she
shall thereafter suspend the registration of any motor vehicle so subject to
this Code section which he or she finds is not so equipped until it is made to
conform to the requirements of this Code section.
(e)
This Code section shall not be construed to require that side or rear windows of
motor vehicles which were replaced or installed prior to January 1, 1954, must
be replaced with safety glazing materials as provided in this Code section.
40-8-79.
[
Index ]
It shall be
unlawful for any person under the age of 18 to ride as a passenger in the
uncovered bed of a pickup truck on any interstate highway in this state. The
driver of any vehicle in violation of this Code section shall be guilty of a
misdemeanor.
40-8-90.
[
Index ]
(a) Except as provided in subsection (b) of this Code
section, it shall be unlawful for any person, firm, or corporation to operate
any motor vehicle equipped with or containing a device capable of producing
flashing or revolving blue lights except motor vehicles owned or leased by any
federal, state, or local law enforcement agency.
(b)
The prohibition contained in subsection (a) of this Code section shall not apply
to any elected sheriff who, pursuant to an agreement between the sheriff and the
county governing authority, is using his personal motor vehicle in a law
enforcement activity, provided such vehicle is marked as provided in Code
Section 40-8-91.
(c) It shall be unlawful for any
person to use any motor vehicle equipped with flashing or revolving blue lights
in the commission of a felony, and, upon conviction of a violation of this
subsection, the punishment shall be a fine of not less than $1,000.00 or
imprisonment of not less than one year, or both.
40-8-91.
[
Index ]
(a) Except as
provided in subsection (b) of this Code section, any motor vehicle which is used
on official business by any person authorized to make arrests for traffic
violations in this state, or any municipality or county thereof, shall be
distinctly marked on each side and the back with the name of the agency
responsible therefor, in letters not less than four inches in height.
(b) Any motor vehicle, except as hereinafter provided
in this subsection, used by any employee of the Department of Public Safety for
the purpose of enforcing the traffic laws of this state shall be distinctly
painted, marked, and equipped in such manner as shall be prescribed by the
commissioner of public safety pursuant to this Code section. The commissioner in
prescribing the manner in which such vehicles shall be painted, marked, or
equipped shall:
(1) Require that all such motor
vehicles be painted in a two-toned uniform color. The hood, top, and the top
area not to exceed 12 inches below the bottom of the window opening thereof
shall be a light gray color and the remaining portion of said motor vehicle
shall be painted a dark blue color;
(2) Require that
any such motor vehicle be equipped with at least one lamp which when lighted
shall display a flashing or revolving colored light visible under normal
atmospheric conditions for a distance of 500 feet from the front and rear of
such vehicle; and
(3) Require that any such motor
vehicle shall be distinctly marked on each side and the back thereof with the
wording 'State Patrol' in letters not less than six inches in height of a
contrasting color from the background color of the motor vehicle.
Notwithstanding the above provisions, it shall be
permissible for the commissioner to allow not more than two motor vehicles per
State Patrol post to be employed in traffic law enforcement which are painted
any solid color designated by the commissioner and marked with 'State Patrol' in
six inch high letters of a contrasting color.
(c) It
shall be unlawful for any person, except persons lawfully entitled to own
vehicles for law enforcement purposes, to paint, mark, or equip any motor
vehicle in the same manner prescribed by this Code section or by the
commissioner for law enforcement vehicles.
(d) When a
law enforcement vehicle is disposed of, or is not in use for law enforcement,
the lettering and colored lights must be removed. Any person using such vehicle
for personal use prior to removing colored lights and lettering shall be guilty
of a misdemeanor.
40-8-92.
[
Index ]
(a) All emergency vehicles shall be designated as
such by the commissioner of motor vehicle safety. The commissioner shall so
designate each vehicle by issuing to such vehicle a permit to operate flashing
or revolving emergency lights of the appropriate color. Such permit shall be
valid for one year from the date of issuance; provided, however, that permits
for vehicles belonging to federal, state, county, or municipal governmental
agencies shall be valid for five years from the date of issuance. Any and all
officially marked law enforcement vehicles as specified in Code Section 40-8-91
shall not be required to have a permit for the use of a blue light. Any and all
fire department vehicles which are distinctly marked on each side shall not be
required to have a permit for the use of a red light.
(b) The commissioner shall authorize the use of red
or amber flashing or revolving lights only when the person or governmental
agency shall demonstrate to the commissioner a proven need for equipping a
vehicle with emergency lights. The fee for such lights shall be $2.00, provided
that no federal, state, county, or municipal governmental agency shall be
required to pay such fee.
(c) Nothing contained in
this Code section shall prohibit the commissioner from issuing a single special
use permit to cover more than one vehicle, provided each vehicle covered under
such special use permit shall pay the fee specified in subsection (b) of this
Code section.
(d) Except as provided in this
subsection, it shall be unlawful for any person, firm, or corporation to operate
any motor vehicle or to park any motor vehicle on public property with flashing
or revolving green lights. This subsection shall not apply to any motor vehicle
being used by any law enforcement agency, fire department, emergency management
agency, or other governmental entity to designate the location of the command
post for such agency, department, or entity at the site of an emergency.
40-8-93.
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Index ]
Nothing
contained in Code Sections 40-8-90 and 40-8-92 shall be deemed to apply to nor
construed to prohibit blinking or flashing parking or brake lights or
directional signals on any motor vehicle.
40-8-94.
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Any authorized emergency vehicle may be equipped with
a siren, whistle, or bell capable of emitting sound audible under normal
conditions from a distance of not less than 500 feet, but such siren shall not
be used except when such vehicle is operated in response to an emergency call or
in the immediate pursuit of an actual or suspected violator of the law, in which
latter event the driver of such vehicle shall sound the siren when necessary to
warn pedestrians and other drivers of the approach thereof.
40-8-95.
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The
commissioner of motor vehicle safety shall implement any and all provisions of
Code Sections 40-8-90, 40-8-92, and 40-8-93 by the promulgation of necessary
rules and regulations.
40-8-96.
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Index ]
Any person violating Code Sections 40-8-90 and 40-8-92
shall be guilty of a misdemeanor.
40-8-110.
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Index ]
(a) Every bus used for the transportation of school
children shall bear upon the front and rear thereof a plainly visible sign
containing the words 'SCHOOL BUS' in letters not less than eight inches in
height.
(b) On and after January 1, 1971, every new
school bus purchased for the transportation of school children shall be painted
National School Bus Chrome Yellow.
40-8-111.
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(a) Every bus used for the transportation of school
children shall be equipped as follows:
(1) There
shall be an emergency door located either at the rear of the body or at the side
of the body opposite from the side on which the students normally board, so as
to provide an emergency exit. The emergency door shall be operative from both
the interior and exterior of the bus at all times;
(2)
The driver´s seat shall be equipped with a seat belt which shall be
fastened so as to secure the driver in his seat at all times when children are
being transported on the bus;
(3) Combination
clearance and marker lights shall be installed at each of the four roof corners.
The two such lights on the front of the vehicle shall be amber in color, and the
two such lights on the rear of the vehicle shall be red in color. A cluster of
three lights shall be mounted between the clearance and marker lights in the
front and in the rear of the bus at the roof line thereof;
(4) The body of the bus shall be equipped with four
hooded or recessed red flasher lights. Such lights shall be at least 5 3/4
inches in diameter, sealed beam, and must flash when the bus is stopped to
receive or discharge passengers. Two such lights shall be mounted in the front
of the body above the windshield, and two such lights shall be mounted on the
rear of the body above the rear windows;
(5) There
shall be installed on the left outer side of the body a stop arm to give notice
to drivers of other vehicles that the bus is making a stop. The requirement for
a stop arm may be waived by the State Board of Education in the event a more
effective warning device is prescribed;
(6) The
exhaust system of the bus shall carry exhaust gases from the engine to a
discharge point into the atmosphere, which point:
(A)
Shall extend beyond the rear axle and shall extend at least five inches beyond
the chassis frame and be mounted outside the chassis rail at end point;
or
(B) May extend to, but not beyond, the body limits
on the left side of the bus, beyond the driver´s compartment outboard of
the chassis centerline;
(7) All floor joints of the
bus shall be gas tight and constructed so as to prevent the entry of engine
exhaust gases into the passenger compartment. Any opening or separation of
joints in the floor shall be repaired before the bus is used for the
transportation of children; and
(8) There shall be
installed an outside roof mounted white flashing strobe light with clear lens
emitting light 360 degrees around its vertical axis. Such strobe light shall be
no greater than one-third the distance from the rear of the bus to the front of
the bus and shall flash when the bus is stopped to receive or discharge
passengers. Local boards of education shall be authorized, in their discretion,
to require such strobe lights on buses carrying special education passengers.
(b) Nothing in subsection (a) of this Code section
shall apply to motor vehicles operated by a local transit system which transport
school children to and from school on regular or scheduled routes of a transit
vehicle with regular fare-paying passengers.
40-8-112.
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Index ]
Every school
bus used to transport children to and from school shall comply with the State
Board Bus Specifications prescribed by the State Board of Education.
40-8-113.
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Index ]
The
identification and equipment standards provided in this part shall apply to all
school buses as defined in paragraph (55) of Code Section 40-1-1 regardless of
size or capacity.
40-8-114.
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Index ]
(a) Notwithstanding any other provision of this title
to the contrary, churches, private schools, or local transit systems may operate
school buses meeting the equipment, color, and marking requirements of Code
Sections 40-8-110 through 40-8-112 and 40-8-115 and drivers of such vehicles
shall be required to stop as set forth in Code Section 40-6-163. For purposes of
this subsection, only churches and private schools are authorized to comply with
Code Sections 40-8-110 through 40-8-112, and only local transit systems are
authorized to comply with Code Section 40-8-115.
(b)
Notwithstanding any other provision of this title to the contrary, the
requirements relating to buses used for the transportation of school children,
which requirements are contained in the following Code sections:
(1) Code Section 40-6-160, relating to speed limits;
(2) Code Section 40-6-161, relating to headlamps;
(3) Code Section 40-6-162, relating to use of visual
signals;
(4) Code Section 40-6-163, relating to
meeting or passing school buses;
(5) Code Section
40-8-110, relating to identification and color;
(6)
Code Section 40-8-111, relating to equipment generally;
(7) Code Section 40-8-112, relating to compliance
with certain State Board of Education specifications;
(8) Code Section 40-8-115, relating to identification
and equipment of certain school buses; and
(9) Code
Section 40-8-220, relating to inspection of school buses,
shall not apply to any bus which is owned or operated
by a publicly owned and operated transit system and which either transports
school children to and from school on regular or scheduled routes with regular
fare-paying passengers or which engages in tripper service.
40-8-115.
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Index ]
This part
shall not prohibit the use of a school bus as defined in paragraph (55) of Code
Section 40-1-1 for special school route service, provided it shall meet the
following identification and equipment requirements:
(1) The bus need not be painted yellow or black;
(2) The bus shall be equipped with four hooded or
recessed red flasher lights, or four red flasher lights and four amber flasher
lights mounted on the same horizontal centerline as the red lights and nearer
the centerline. Such amber lights shall be at least two and one-half times
brighter than the red lights. The system shall be wired so that the amber signal
lights are activated only by manual or foot operation and if activated are
automatically deactivated and the red signal lights activated when the bus
entrance door is opened; and
(3) While transporting
children to or from school, the bus shall be equipped with the following
temporary signs, located conspicuously on the front and back of such vehicle:
(A) The sign on the front shall have the words
'SCHOOL BUS' printed in black letters not less than six inches high, on a
background of National School Bus Glossy Yellow;
and
(B) The sign on the rear shall be at least ten
square feet in size and shall be painted National School Bus Glossy Yellow and
have the words 'SCHOOL BUS' printed in black letters not less than eight inches
high.
40-8-116.
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Index ]
It shall
be unlawful to operate:
(1) Any vehicle displaying
the words 'SCHOOL BUS' unless it meets the color, identification, and equipment
requirements set forth in Code Section 40-8-113 or 40-8-115;
(2) A vehicle without the words 'SCHOOL BUS' but
which is of a color and exhibits some equipment or identification which
reasonably could cause a motorist to confuse it with a properly colored,
identified, and equipped school bus;
(3) Any school
bus for any purpose other than the transportation of school children to or from
school or school activities without concealing or covering all markings thereon
indicating 'SCHOOL BUS'; or
(4) A vehicle which has
been permanently converted from the purpose of transporting students to or from
school or school activities without first having painted such vehicle some color
other than the yellow required in subsection (b) of Code Section 40-8-110 and
without having removed the stop arms, if any, and any other equipment required
by Code Section 40-8-111.
40-8-130.
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Index ]
(a) It shall be unlawful for the owner of any motor
vehicle to operate or permit the operation of such vehicle on which any device
controlling or abating atmospheric emissions which is placed on a motor vehicle
by the manufacturer pursuant to regulations promulgated by the United States
secretary of health and human services in accordance with the provisions of
Title II, the National Emissions Standards Act, of the Air Quality Act of 1967,
Public Law 90-148 has been rendered unserviceable by removal, alteration, or
other interference with its operation.
(b) Any person
violating subsection (a) of this Code section shall be guilty of a misdemeanor.
(c) Subsection (a) of this Code section shall not
apply to any person repairing any such device described in that subsection or to
the removal of any such device by any person for the purpose of repairing or
replacing such device.
(d) Subsection (a) of this
Code section shall not apply to any person removing any such device for the
purpose of converting any motor vehicle to operate on natural or liquefied
petroleum gas or make any other modifications which would reduce atmospheric
emissions.
40-8-131.
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Index ]
Any
vehicle suspected of being operated in violation of this part may be the subject
of an inspection conducted by an officer of the Georgia State Patrol who has
reason to believe such violation is occurring, without the necessity of
obtaining a warrant to permit such inspection.
40-8-132.
Repealed.
40-8-150 through 40-8-163.
Reserved.
40-8-180.
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Index ]
This part shall be known and may be cited as the
'Vehicular Visible Emission Control Act.'
40-8-181.
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Index ]
(a) It shall be unlawful for any person to operate on
a public roadway of this state a diesel powered vehicle which discharges into
the atmosphere visible emissions resulting in a decrease of light transmission
beyond 30 percent, whether emitted from the crankcase, the exhaust system, or
from any part of the power system; provided, however, that the light obscuring
limitations prescribed in this subsection may be exceeded during periods of
acceleration and deceleration not to exceed ten continuous seconds or 1,000
feet.
(b) It shall be unlawful for any person to
operate on a public roadway of this state a gasoline powered vehicle which
discharges into the atmosphere visible emissions resulting in a decrease of
light transmission, whether emitted from the crankcase, the exhaust system, or
from any part of the power system; provided, however, that the light obscuring
limitation prescribed in this subsection may be exceeded for periods not to
exceed ten continuous seconds or 1,000 feet.
(c)
Subsections (a) and (b) of this Code section shall not apply to the normal
discharge of condensed water vapor.
40-8-182.
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Index ]
(a) This part shall be enforced by the duly
authorized traffic control agency of this state or of any political subdivision
thereof. The Air Quality Control Agency of this state shall produce and furnish
to such traffic control agency appropriate light transmission gauges to be used
in the enforcement of this part.
(b) A traffic
violation citation shall be issued to the operator of a vehicle in violation of
any provision of this part on and after January 1, 1973.
40-8-183.
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Index ]
Any person who
violates any provision of this part shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not less than $10.00 nor more
than $25.00.
40-8-184.
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Index ]
No subdivision of this state shall enact any ordinance
or issue any rules and regulations pertaining to the discharging into the
atmosphere of visible emissions from diesel powered vehicles or gasoline powered
vehicles.
40-8-185.
[
Index ]
This
part shall not apply to off-highway farm, forest, and construction equipment
being moved from one work location to another.
40-8-200.
[
Index ]
(a) The
commissioner of public safety and members of the Department of Public Safety,
and such other officers and employees of the department as the commissioner may
designate, may at any time, upon reasonable cause to believe that a vehicle is
unsafe or not equipped as required by law or that its equipment is not in proper
adjustment or repair, require the driver of such vehicle to stop and submit such
vehicle to an inspection and such tests with reference thereto as may be
appropriate.
(b) In the event such vehicle and its
equipment are found to be in safe condition and in full compliance with the law,
the officer making such an inspection shall issue to the driver an official
certificate of inspection and approval of such vehicle specifying those parts or
equipment so inspected and approved.
(c) In the event
such vehicle is found to be in unsafe condition or any required part or
equipment is not present or is not in proper repair and adjustment, the officer
shall give a written notice to the driver and shall send a copy to the
department. Such notice shall require that such vehicle be placed in safe
condition and its equipment in proper repair and adjustment specifying the
particulars with reference thereto and shall require that a certificate of
inspection and approval be obtained within 30 days.
40-8-201.
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Index ]
(a) No person
driving a vehicle shall refuse to submit such vehicle to an inspection and test
when required to do so by the commissioner of public safety or an authorized
officer of the Department of Public Safety.
(b) Every
owner or driver, upon receiving a notice as provided in Code Section 40-8-200,
shall comply therewith and shall within 30 days secure an official certificate
of inspection and approval, which shall be issued in duplicate, one copy to be
retained by the owner or driver and the other copy to be forwarded to the
Department of Public Safety. In lieu of compliance with this subsection, the
vehicle shall not be operated, except as provided in subsection (c) of this Code
section.
(c) No person shall operate any vehicle
after receiving a notice with reference thereto as provided in Code Section
40-8-200 except as may be necessary to return such vehicle to the residence or
place of business of the owner or driver, or to a garage, until such vehicle and
its equipment have been placed in proper repair and adjustment and otherwise
made to conform to the requirements of this article. A certificate of inspection
and approval shall be obtained as promptly as possible thereafter.
(d) In the event repair or adjustment of any vehicle
or its equipment is found necessary upon inspection, the owner of such vehicle
may obtain such repair or adjustment at any place he may choose, but in every
event an official certificate of inspection and approval must be obtained;
otherwise, such vehicle shall not be operated upon the highways of this state.
40-8-220.
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Index ]
(a) Every
school bus which is defined by paragraph (55) of Code Section 40-1-1 which is
owned or operated by a state, county, or municipal government or under contract
by any independent school system shall be inspected annually, or more frequently
at the discretion of the commissioner of motor vehicle safety, under the
supervision of an employee of the Department of Motor Vehicle Safety.
(b) The employee of the department shall supervise
the inspection of such vehicle to determine if such vehicle possesses in safe
operating condition the equipment which is applicable to school buses required
by Parts 1 through 4 of Article 1 of this chapter and the equipment required by
Part 6 of Article 1 of this chapter.
(c) If such
vehicle is found to meet the equipment and safety requirements specified in
subsection (b) of this Code section, then the employee of the department making
the inspection shall issue a school bus certificate of safety inspection to the
vehicle.
(d) If such vehicle does not meet the
equipment and safety requirements specified in subsection (b) of this Code
section, then that vehicle shall not be operated on the streets and highways of
this state, and no school bus certificate of safety inspection shall be issued
to such vehicle.
(e) All public school buses shall be
made available for the inspection required under this Code section, and no
person shall conceal any bus required to be inspected under this Code section.
(f) The commissioner of motor vehicle safety is
authorized to implement any and all provisions of this Code section by the
promulgation of necessary rules and regulations. When duly promulgated and
adopted, all rules and regulations issued pursuant to this Code section shall
have the force of law.
40-8-221.
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Index ]
Any person who violates any provision of this article
shall be guilty of a misdemeanor.
40-8-222 through
40-8-264.
Repealed.
40-8-280 through 40-8-291.
Repealed.