Title 40 — Title 40
0 chapters · 572 sections in this title.
O.C.G.A. § 40-6-350 Traffic laws applicable to persons operating mopeds
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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 na…
O.C.G.A. § 40-6-351 Driver’s license or permit required for certain operators
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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 dr…
O.C.G.A. § 40-6-352 Protective headgear
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(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 public safety. The commissioner in determining such standards shall consider the size, speed, and opera…
O.C.G.A. § 40-6-353 Operation over certain roads may be prohibited
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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 tra…
O.C.G.A. § 40-6-354 Rules and regulations
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The commissioner of public safety is authorized to promulgate rules and regulations to carry this part into effect and is authorized to 248 40-6-362 establish regulations for safety equipment or standards for the operation of mopeds. (Code 1933, § 68A-1112, enacted by Ga. L. 1978…
O.C.G.A. § 40-6-360 Rights of persons operating low-speed vehicles
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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…
O.C.G.A. § 40-6-361 Traffic laws applicable to low-speed vehicles
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(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…
O.C.G.A. § 40-6-362 Operating low-speed vehicles on highways
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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. (Code 1981, § 40-6-36…
O.C.G.A. § 40-6-363 Legislative intent
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The purpose of this part shall be to authorize any local authority to establish a personal transportation vehicle transportation plan for roadways and streets within the local authority’s jurisdiction. It is the intent of the General Assembly that these plans be designed and deve…
O.C.G.A. § 40-6-364 Definitions
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As used in this part, the term: (1) ‘‘Personal transportation vehicle lane’’ or ‘‘PTV lane’’ means a portion of the roadway that has been designated by striping, pavement markings, or signage for the exclusive or preferential use of persons operating personal transportation vehic…
O.C.G.A. § 40-6-365 Legislative intent
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Definitions. Standards for local authorities to establish personal transportation vehicle transportation plans. 40-6-366. Acquisition of property for PTV lanes. 40-6-367. Part inapplicable to certain localities with prior ordinances governing PTV use. 40-6-368. Requirements for s…
O.C.G.A. § 40-6-366 Acquisition of property for PTV lanes
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A local authority that adopts a PTV plan may establish PTV lanes through the acquisition of property, including easements or rights of 252 40-6-369.1 way, by dedication, purchase, or condemnation. (Code 1981, § 40-6-366, enacted by Ga. L. 2014, p. 745, § 11/HB 877.) 40-6-367. Par…
O.C.G.A. § 40-6-369 Manner in which PTVs may be driven
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(a) All personal transportation vehicles authorized by a PTV plan to operate on a street, road segment, or PTV lane are entitled to full use of a lane, and no motor vehicle shall be driven in such manner as to deprive a personal transportation vehicle of the full use of a lane. (…
O.C.G.A. § 40-6-369.1 Speed limits on streets authorized for PTV use
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Operation on highways and sidewalks; direction of travel. Due care to pedestrians. Speed of travel restricted. Parking. Transportation of hazardous materials; medical oxygen excluded. Required equipment; minimum age for operation; exception to age requirement. Operation while int…
O.C.G.A. § 40-6-370 Uniform state-wide application of chapter
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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 provisi…
O.C.G.A. § 40-6-371 Powers of local authorities generally
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(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 mea…
O.C.G.A. § 40-6-372 Adoption of chapter by local authorities
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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. (Ga. L. 1955, p. 736, § 1; Ga. L. 1973, p. 98, § 1; Code 1933, § 68A-1503, enacted by Ga. L. 1974, p…
O.C.G.A. § 40-6-373 Effect of future changes in chapter
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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 loc…
O.C.G.A. § 40-6-374 Form of adopting ordinance
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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 Ro…
O.C.G.A. § 40-6-375 Citations for violations
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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 40-13-1. (Cod…
O.C.G.A. § 40-6-376 Uniform state-wide application of chapter
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Powers of local authorities generally. Adoption of chapter by local authorities. Effect of future changes in chapter. Form of adopting ordinance. Citations for violations. Prosecution under this chapter or local ordinance; transfer of charge to state tribunal; double jeopardy. Ar…
O.C.G.A. § 40-6-390 Reckless driving
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(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…
O.C.G.A. § 40-6-391 Wright v
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State, 228 Ga. App. 717, 492 S.E.2d 581 (1997). Trial court properly denied the defendant’s amended motion for a new trial, holding that the administration of breath tests pursuant to Ga. Comp. R. & Regs. 92-3-.06(12)(b) did not violate the due process clause under both U.S. Cons…
O.C.G.A. § 40-6-391.1 Entry and acceptance of plea of nolo contendere
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(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, howeve…
O.C.G.A. § 40-6-391.2 Seizure and civil forfeiture of motor vehicle operated by habitual violator
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(a) Any motor vehicle operated by a person who has been declared a habitual violator for three violations of Code Section 40-6-391, 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 t…
O.C.G.A. § 40-6-392 Walker v
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State, 204 Ga. App. 559, 420 S.E.2d 17, cert. denied, 204 Ga. App. 922, 420 S.E.2d 17 (1992). Defendant’s motion to suppress the results of a blood test administered pursuant to a search warrant was properly denied because the statute dealing with chemical tests for alcohol or dr…
O.C.G.A. § 40-6-393 Homicide by vehicle
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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, 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 fi…
O.C.G.A. § 40-6-393.1 Feticide by vehicle; penalties
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(a) For the purposes of this Code section, the term ‘‘unborn child’’ means a member of the species homo sapiens at any stage of development who is carried in the womb. (b)(1) A person commits the offense of feticide by vehicle in the first degree if he or she causes the death of …
O.C.G.A. § 40-6-394 Dunagan v
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State, 286 Ga. App. 668, 649 S.E.2d 765 (2007), reversed on other grounds, 283 Ga. 501, 661 S.E.2d 525 (2008). Jury question as to whether victim died on impact. — Conviction for serious injury by vehicle was not void as the resolution of whether the victim died immediately upon …
O.C.G.A. § 40-6-395 Davis v
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State, 235 Ga. App. 10, 507 S.E.2d 827 (1998). 450 Officer waving a car to a stop was not a Terry stop by virtue of O.C.G.A. § 40-6-395. — A DUI defendant was not forced to stop by a police officer who waved the defendant down by virtue of O.C.G.A. § 40-6-395 because the officer …
O.C.G.A. § 40-6-397 Aggressive driving; penalty
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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…
O.C.G.A. § 40-6-4 Persons riding animals or driving animal drawn vehicles
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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 c…
O.C.G.A. § 40-6-41 Passing vehicles proceeding in opposite directions
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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 …
O.C.G.A. § 40-6-42 Overtaking and passing generally
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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 sh…
O.C.G.A. § 40-6-43 When overtaking and passing on the right permitted
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(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 o…
O.C.G.A. § 40-6-44 Limitations on overtaking and passing on the left
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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 a…
O.C.G.A. § 40-6-46 No-passing zones
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(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 …
O.C.G.A. § 40-6-47 One-way roadways and rotary traffic islands
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(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 sh…
O.C.G.A. § 40-6-48 Driving on roadways laned for traffic
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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 n…
O.C.G.A. § 40-6-49 Following too closely
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(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 veh…
O.C.G.A. § 40-6-5 Persons working on highways
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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 17 40-6-6 authorized persons, teams, motor vehicles, and other equipment while actually engaged in work upon a highway but shall apply to …
O.C.G.A. § 40-6-50 Driving on divided highway, controlled-access roadways, and emergency lanes
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(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-c…
O.C.G.A. § 40-6-52 Prohibited lane usage by trucks using multilane highways
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(a) As used in this Code section, the term ‘‘truck’’ means any vehicle equipped with more than six wheels, except buses and motorcoaches. (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…
O.C.G.A. § 40-6-56 Safe passing distance when overtaking a bicyclist
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(a) As used in this Code section, the term ‘‘safe distance’’ means not less than three feet. (b) Notwithstanding any provision of this article to the contrary, when feasible, the operator of a motor vehicle, when overtaking and passing a bicycle that is proceeding in the same dir…
O.C.G.A. § 40-6-6 Wilson v
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City of Atlanta, 223 Ga. App. 144, 476 S.E.2d 892 (1996). Officer’s actions of slowing before going through a red light, exceeding the speed limit during light or nonexistent traffic, and disregarding regulations governing direction of traffic movement when oncoming traffic was l…
O.C.G.A. § 40-6-7 Operation of motor vehicles in parades
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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 …
O.C.G.A. § 40-6-71 Yield when turning left
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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 im…
O.C.G.A. § 40-6-72 Moss v
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State, 209 Ga. App. 59, 432 S.E.2d 825 (1993). Probable cause for arrest for violation. — Officer had probable cause to justify an arrest for failure to stop at a stop sign under Georgia law after the officer saw a suspect fail to properly stop and observed the vehicle go past th…
O.C.G.A. § 40-6-73 Entering or crossing roadway
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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. (Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 75; Code 1933, § 68A-404, enacted by Ga. …
O.C.G.A. § 40-6-74 Operation of vehicles on approach of authorized emergency vehicles
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(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 sha…