Title 40 — Title 40

(a) No person shall drive a vehicle when it is so loaded or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechani…

No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle availab…

No driver of a motor vehicle shall allow a person or persons to occupy a towed house trailer while it is being towed by a motor vehicle upon a public highway. (Code 1933, § 68A-1106, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1975, p. 1202, § 1; Ga. L. 1990, p. 2048, § 5.) 40-6-…

The driver of a vehicle traveling through a defile or canyon or on a mountain highway shall hold such vehicle under control and as near the right-hand edge of the highway as reasonably possible and, except when driving entirely to the right of the center of the roadway, shall giv…

(a) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears or transmission of such vehicle in neutral. (b) The driver of a truck or bus when traveling upon a down grade shall not coast with the clutch disengaged. (Ga. L. 1953, Nov.-Dec. Se…

The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm or any other emergency vehicle closer than 200 feet and shall not park such vehicle within 500 feet of any fire apparatus stopped in answer to a…

No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private road, or driveway to be used at any fire or alarm of fire, without consent of the fire department official in command. (Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 100; Cod…

(a) As used in this Code section, the term ‘‘litter’’ has the meaning provided by paragraph (1) of Code Section 16-7-42. (a.1) No vehicle shall be driven or moved on any public road unless such vehicle is constructed or loaded or covered so as to prevent any of its load from drop…

Any person littering a highway in violation of Part 2 of Article 2 of Chapter 7 of Title 16 or driving, moving, or loading for operation a vehicle in violation of Code Section 40-6-248.1 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided …

(a) No person shall place, maintain, or display upon or in view of any highway any sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal or which attempts to direct the movement of tr…

No person shall operate a motor vehicle while wearing a headset or headphone which would impair such person’s ability to hear, nor shall any person while operating a motor vehicle wear any device which impairs such person’s vision; provided, however, that a person may wear a head…

State, 224 Ga. App. 775, 482 S.E.2d 450 (1997). When the totality of the circumstances, including the location of the car and the defendant’s position in the car, indicated that the defendant was in actual physical control of the vehicle and in possession of an open container of …

— For note on the 1991 enactment of this Code section, see 8 Ga. St. U.L. Rev. 129 (1992). 206 40-6-253

No person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of such load onto the roadway in such a manner as to create a safety hazard. For purposes of this Code secti…

(a) No person shall drive a motor vehicle so as to cause it to leave the premises of an establishment at which gasoline offered for retail sale was dispensed into the fuel tank of such motor vehicle unless due payment or authorized charge for the gasoline so dispensed has been ma…

40-6-272. Duty upon striking fixture. 40-6-273. Duty to report accident resulting in injury, death, or property damage. 40-6-273.1. Instruction to drivers to provide certain information to other parties. 40-6-274. Exemption from duty to stop at scene or report accident. 40-6-275.…

The driver of any vehicle involved in an accident resulting only in damage to a fixture legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the regist…

Steve, 284 Ga. App. 116, 643 S.E.2d 380, cert. denied, No. S07C1063, 2007 Ga. LEXIS 517 (Ga. 2007). Penalty is assessed only against the operator, without reference to the owner of the vehicle involved or the employer of the driver, as the case may be. Georgia Power Co. v. Shipp,…

The law enforcement officer at the scene of an accident required to be reported in accordance with the provisions of Code Section 40-6-273 shall instruct the driver of each motor vehicle involved in the accident to report the following to all other parties suffering injury or pro…

Any other provision of this article or any other law to the contrary notwithstanding, the driver of any vehicle involved in a traffic accident in which there is no personal injury or in which no second party and no property of a second party is involved shall not have the duty to…

(a) The driver of each wrecker truck towing away any vehicle from the scene of a wreck shall also take away all parts belonging to the vehicle which he is towing away, or, if they consist of small parts or broken glass, he shall clear the streets of said small parts or glass, unl…

— For article on the 2017 enactment of this Code section, see 34 Ga. St. U.L. Rev. 231 (2017).

(a) The department may install gates, signs, or barriers, or any combination thereof, to restrict access to managed lanes. (b) No person shall drive any vehicle through, around, or under any barrier or closed or moving gate of a managed lane. (c) No vehicle shall enter or exit a …

The provisions of this part applicable to bicycles shall apply whenever a bicycle is operated upon a highway, upon a bicycle lane, or upon any bicycle path set aside for the exclusive use of bicycles, subject to those exceptions stated in this part. (Code 1933, § 68A-1201, enacte…

(a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto and shall allow no person to ride upon the handlebars. (b) No bicycle shall be used to carry more persons at one time than the number for which it is designed…

No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway. (Ga. L. 1973, p. 471, § 7; Code 1933, § 68A-1204, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5; Ga. L. 2011…

(a) As used in this Code section, the term ‘‘hazards to safe cycling’’ includes, but shall not be limited to, surface debris, rough pavement, drain grates which are parallel to the side of the roadway, parked or stopped vehicles, potentially opening car doors, or any other object…

No person operating a bicycle shall carry any package, bundle, or other article which prevents him or her from keeping at least one hand upon the handlebars. (Ga. L. 1973, p. 471, § 9; Code 1933, § 68A-1206, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5; Ga. L. 2…

(a) Every bicycle when in use at nighttime shall be equipped with a light on the front which shall emit a white light visible from a distance of 300 feet to the front and with a light on the back which shall emit a red light visible from a distance of 300 feet to the rear. Any bi…

The Board of Public Safety is authorized to promulgate rules and regulations to carry this part into effect and is authorized to establish regulations for any additional safety equipment or standards it shall require for bicycles. (Ga. L. 1973, p. 471, § 12; Code 1933, § 68A-1209…

Editor’s notes. — Ga. L. 2011, p. 426, § 3/HB 101, effective July 1, 2011, redes- ignated former Code Section 40-6-299 as present Code Section 40-6-298. PART 1A OPERATION OF FARM USE VEHICLE Effective date. — This part became effective July 1, 2016. 40-6-305. Purpose of farm use …

(a) As used in this part, the term: (1) ‘‘Farmer’’ means the owner of a commercial agricultural or silvicultural operation or an employee thereof. Such term shall also include any spouse, child, sibling, parent, grandparent, or grandchild of the owner of such operation. (2) ‘‘Far…

Every person operating a farm use vehicle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter except as to special regulations in this part and except as to the provisions of this chapter wh…

Rights and duties of operator. Local restrictions on public roads and highways. 40-6-351. 40-6-352. 40-6-353. PART 2 40-6-354. MOTORCYCLES 40-6-310. 40-6-311. 40-6-312. 40-6-313. 40-6-314. 40-6-315. 40-6-316. LOW-SPEED VEHICLES 40-6-360. 40-6-361. 40-6-362. 40-6-325. 40-6-326. 40…

Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter except as to special regulations in this part and except as to those provisions of this chapter which …

(a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto; and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which …

(a) All motorcycles are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane. (b) The operator of a motorc…

No person riding upon a motorcycle shall attach himself or the motorcycle to any other vehicle on a roadway. (Code 1933, § 68A-1304, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5.) 40-6-314. Footrests and handlebars.

(a) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger. (b) No person shall operate any motorcycle with handlebars more than 25 inches in height above that portion of the seat occupied by the operator …

(a) No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of public safety. (b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a win…

The commissioner of public safety is authorized to promulgate rules and regulations to carry this part into effect and to establish regulations for safety standards for the operation of motorcycles. (Code 1933, § 68A-1306, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1985, p. 149,…

Any person operating an electric personal assistive mobility device on a sidewalk or roadway shall comply with the requirements of this part or any local ordinance regulating the use of such devices pursuant to Code Section 40-6-371 and shall exercise due care to avoid colliding …

No person shall operate an electric personal assistive mobility device at a speed greater than seven miles per hour when traveling on any sidewalk or 15 miles per hour elsewhere; provided, however, that a 241 40-6-325 county or municipal governing authority or the commissioner of…

(a) An electric personal assistive mobility device may be parked on a sidewalk unless otherwise prohibited or restricted by an official traffic control device or local ordinance; provided, however, that in no case shall an electric personal assistive mobility device be parked on …

Driver’s license or permit required for certain operators. Protective headgear. Operation over certain roads may be prohibited. Rules and regulations. PART 5 Traffic laws applicable to persons operating motorcycles. Manner of riding motorcycle generally. Operating motorcycle on r…

(a) Any electric personal assistive mobility device, when operated on any highway or sidewalk, shall be equipped with front, rear, and side reflectors which shall be visible from a distance of 300 feet when directly in front of lawful upper beams of headlights on a motor vehicle;…

Any person who is under the influence of any intoxicating liquor or any drug to a degree which renders him or her a hazard shall not operate any electric personal assistive mobility device on any highway or sidewalk. Violation of this Code section shall be a misdemeanor, punishab…

Any person who violates any provision of this part other than Code Section 40-6-326 shall not be guilty of a criminal offense or a moving traffic violation for purposes of Code Section 40-5-57 but shall be subject to a civil penalty not to exceed $500.00. (Code 1981, § 40-6-327, …

Any local authority desiring to establish operating standards for personal transportation vehicles shall comply with Part 6 of this article. (Code 1981, § 40-6-330, enacted by Ga. L. 2014, p. 745, § 10/HB 877.) Editor’s notes. — Ga. L. 2014, p. 745, § 10/HB 877, effective July 1,…

(a) All personal transportation vehicles shall be equipped with: (1) A braking system sufficient for the weight and passenger capacity of the vehicle, including a parking brake; (2) A reverse warning device functional at all times when the directional control is in the reverse po…