Title 32 — Title 32

(a) It shall be unlawful for any person to obstruct, encroach upon, solicit the sale of any merchandise on, or injure materially any part of any public road. For purposes of this Code section, the term ‘‘obstruct’’ shall include without limitation the causing of any buildup of ro…

The department, a county, or a municipality may acquire private property and property rights for limited-access facilities and service roads, including rights of access, of view, of air, and of light through gift, devise, purchase, or condemnation in the same manner as such gover…

Limited-access roads may be so designed as to regulate, restrict, or prohibit access thereto so as to best serve the traffic for which such facility is intended. The authority designating and establishing any limited-access road is authorized to divide and separate such highway i…

The department is authorized to lease by negotiation air rights over existing or proposed limited-access highways for development as commercial enterprises or activities. Prior to entering into any negotiations for the lease of such air rights, the department shall advertise its …

In connection with the development of any limited-access facility, the department, a county, or a municipality is authorized to plan, designate, establish, use, regulate, alter, improve, maintain, abandon, and dispose of local service roads or streets or to designate as local ser…

Any commercial driveway constructed prior to July 1, 1973, and adjudged by the department to be unsafe for the traveling public or in violation of department regulations promulgated pursuant to Code Section 32-6-133 may be changed or caused to be changed by the department so as t…

Nothing in this part shall dispense with the requirement of obtaining a commercial driveway permit as set forth in Part 1 of this article. History. — Code 1933, § 95A-952, enacted by Ga. L. 1973, p. 947, § 1. 316 T.32, C.6, A.6 REGULATION OF MAINTENANCE AND USE 32-6-170 ARTICLE 6…

The department may promulgate reasonable regulations governing the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, tracks, traffic and other such signals, and other equipment and appliances of any …

The department, the county or municipality, or the railroad or utility concerned may petition for an injunction to enforce the performance of 324 32-6-190 any duty or act imposed by this article or for an order to restrain the breach of any duty or the commission of any act impos…

Any railroad whose track or tracks cross a public road at grade shall have a duty to maintain such grade crossings in such condition as to permit the safe and reasonable passage of public traffic. Such duty of maintenance shall include that portion of the public road lying betwee…

32-6-194. Procedure for grade crossing elimination. 32-6-195. Division of costs of grade crossing elimination projects. 32-6-196. Temporary use of railroad rights of way during construction or maintenance of grade separation structures or grade crossing or protective devices. 32-…

(a) Whenever the department, a county, or a municipality shall decide to eliminate any grade crossing on its respective public road system by means of an underpass or overpass, prompt notice of such decision shall be given to the railroad or railroads involved; and within 30 days…

(a) The costs of the grade crossing elimination project in which the railroad or railroads shall be required to share shall include the costs of surveys, preparation of plans and specifications, the securing of estimates or bids, if any, and the total cost of construction of the …

(a) It shall be the duty of the department to maintain all overpasses involving railroads on the state highway system. (b) It shall be the duty of the county or the municipality to maintain at its own expense the drainage, surface, pavement, approaches, and guardrails of all over…

Nothing in this part shall be construed to prevent the department, a county, or a municipality from reaching special agreements with a railroad company providing for grade crossing elimination by means of relocation of either the railroad or public road involved or by other means…

Whenever an existing underpass or overpass involving railroads is unsafe or inadequate to serve reasonably the traffic for which it was constructed, the department, the county, or the municipality may proceed to bring about improvement of said existing structure. In such event th…

No vehicle or load shall be operated or moved upon the public roads of Georgia if a dimension or the weight of such vehicle or load exceeds the limitations specified in Code Sections 32-6-22 through 32-6-24 or in Code Section 32-6-26 unless exempted in Code Section 32-6-25 or 213…

(a) Whenever it is necessary for the department, a county, or a municipality to perform any maintenance in regard to a grade separation structure, protective devices, or grade crossing, responsibility for which is imposed on such department, county, or municipality by this part, …

Any judgment, decision, or order of the department upon any question involving the advisability or necessity of eliminating any grade crossing, of installing any protective device, of improving any grade crossing structure, or involving any other question concerning the public ro…

Reserved. Redesignated as Code Section 40-6-248.1 by Ga. L. 2006, p. 275, § 3-9/HB 1320, effective July 1, 2006. Editor’s notes. — Ga. L. 2006, p. 275, § 3-9/HB 1320, redesignated former Code Section 32-6-21 as present Code Section 40-6-248.1. Ga. L. 2006, p. 275, § 4-1/HB 1320 r…

(a) Except as authorized in subsection (b) of this Code section and except when so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle unladen or with a load shall exceed a height of 13 feet, six inches. 214 32-6-23 (b) On highways which constitute a part o…

Unless otherwise provided in this Code section or exempted in Code Section 32-6-25 or so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle shall exceed a total outside width, including any load thereon, of 102 inches, exclusive of mirrors and accessories …

(a) As used in this article, the term: (1) ‘‘Bimodal semitrailer’’ means a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported during movement over the highway and designed either with retractable flan…

As used in this article, the term: (1) ‘‘Automobile graveyard’’ means any establishment which is maintained or used for storing, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. (2) ‘‘Junk’’ means old or scrap copper, brass, rope,…

Any junkyard lawfully in existence on April 6, 1967, which is within 1,000 feet of the nearest edge of the right of way and visible from the main traveled way of any public road on the interstate or primary system, shall, whenever feasible, be screened by the department if such r…

The Georgia Department of Transportation is authorized to enter into agreements with the United States Secretary of Transportation, as provided by Title 23 of the United States Code, relating to the control of junkyards in areas adjacent to the interstate system and state routes …

Any junkyard which comes into existence after April 6, 1967, the establishment, operation, or maintenance of which is made unlawful by Code Section 32-6-241, is declared to be a public and private nuisance and may be forthwith removed, obliterated, or abated at the order of the c…

(a) Any person who violates any provision of this article or any lawful regulation promulgated pursuant to this article shall be guilty of a 349 32-6-247 HIGHWAYS, BRIDGES, AND FERRIES 32-6-248 misdemeanor. Each day’s presence of the offending junkyard shall be a separate offense…

Restrictions on location of junkyards in relation to location of rights of way of interstate or federal-aid primary highways. Screening junkyards in existence on April 6, 1967. Promulgation by department of regulations governing the screening and fencing of junkyards. Authority o…

The limitations of Code Section 32-6-23 as to width and of Code Section 32-6-24 as to length shall not apply to the following loads and 218 32-6-25 vehicles, which may exceed such limitation without a permit: farming or agricultural equipment or forest management equipment, wheth…

(a) As used in this Code section, the term: (1) ‘‘Federal bridge formula’’ means: W = 500 S LN N-1 + 12N + 36 D Where W = the overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L = the distance in feet between the extreme of any group of…

(a) Any person who violates the load limitation provisions of Code Section 32-6-26 shall be conclusively presumed to have damaged the public roads, including bridges, of this state by reason of such overloading and shall recompense the state for such damage in accordance with the…

(a) Generally. (1)(A) The commissioner or an official of the department designated by the commissioner may, in his or her discretion, upon application in writing and good cause being shown therefor, issue a permit in writing authorizing the applicant to operate or move upon the s…

Lincoln Property Co., 209 Ga. App. 163, 433 S.E.2d 301 (1993). Fire detection and alarm system. — Whether a landlord provided an adequate fire detection and alarm system in a rented house was an issue of fact for the jury. Denise v. Cannon, 219 Ga. App. 765, 466 S.E.2d 885 (1995)…

Fortner, 262 Ga. App. 507, 586 S.E.2d 54 (2003). Delivery drivers. — In a personal injury action filed by an injured driver, the trial court granted summary judgment to a bus delivery courier on grounds that the delivery person who the driver alleged caused the accident was an in…

Redesignated. Height of vehicles and loads. Width of vehicles and loads. Length of vehicles and loads. Exemptions for farming, agricultural, and forest management equipment. 32-6-25.1. Exemptions for port vehicles used to transport cargo or containers. 32-6-26. Weight of vehicle …

(a) For purposes of this Code section, the term ‘‘camping’’ means temporary habitation outdoors as evidenced by one or more of the following actions: the erection or use of tents or other shelters; the laying down of sleeping bags, blankets, or other materials used for bedding; t…

(a) The General Assembly declares it to be the policy of this state that the erection or maintenance of outdoor advertising in areas adjacent to the rights of way of roads of the state highway system, which roads are also a part of the interstate and primary systems of highways w…

As used in this part, the term: (1) ‘‘Defined area’’ means any area or areas within the state defined by the board, upon request made by the State Department of Transportation and approved by the United States Secretary of Transportation, to be an area where the removal of direct…

Paragraphs (1) through (7), (9), (10), (13) through (17), (19), and (20) of subsection (a) of Code Section 32-6-75 are applicable to directional 284 32-6-76 signs authorized by paragraph (1) of Code Section 32-6-72 and paragraph (1) of Code Section 32-6-73; and, in addition there…

No public service sign authorized by paragraph (1) of Code Section 32-6-72 or paragraph (1) of Code Section 32-6-73 shall be erected or maintained which: (1) Is attached to a school bus shelter, the construction of which is not authorized by state law or local ordinance; (2) Is a…

Subject to the provisions of this part, the department is authorized, on behalf of the state, to enter into agreements with the United States Secretary of Transportation (as provided in Section 131 of Title 23 of the United States Code) relating to the control of outdoor advertis…

The department is authorized to promulgate rules and regulations governing the issuance and revocation of permits for the erection and maintenance of outdoor advertising which is authorized by Code Sections 32-6-72 and 32-6-73 and which is not prohibited by this part. The departm…

Any person who maintains any sign not authorized by this part and which was not lawfully in existence on October 6, 1971, shall be guilty of a misdemeanor. Each day or fraction thereof during which a sign is unlawfully maintained shall constitute a separate offense. The commissio…

Nothing in this part shall be construed to abrogate or affect any lawful ordinance, regulation, or resolution which is more restrictive than this part. History. — Ga. L. 1971, Ex. Sess., p. 5, § 20; Code 1933, § 95A-932, enacted by Ga. L. 1973, p. 947, § 1.