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Georgia Statutes, Title 40

Georgia/Statutes

← All Georgia coverage

Title 40

16 chapters · 848 sections in this title.

All chapters in Title 40848 Ch 6, UNIFORM RULES OF THE ROAD202 Ch 2, REGISTRATION AND LICENSING OF MOTOR …131 Ch 5, DRIVERS’ LICENSES123 Ch 1, IDENTIFICATION AND REGULATION101 Ch 8, EQUIPMENT AND INSPECTION OF MOTOR VE…72 Ch 3, CERTIFICATES OF TITLE, SECURITY INTE…52 Ch 13, PROSECUTION OF TRAFFIC OFFENSES36 Ch 9, REPORTING ACCIDENTS; GIVING PROOF OF…33 Ch 14, USE OF SPEED DETECTION DEVICES AND R…27 Ch 4, IDENTIFICATION OF AND PURCHASE AND R…18 Ch 11, ABANDONED, DERELICT, AND CIVIL FORFE…14 Ch 10, GOVERNOR’S OFFICE OF HIGHWAY SAFETY10 Ch 16, DEPARTMENT OF DRIVER SERVICES10 Ch 12, ACTIONS AGAINST NONRESIDENT MOTORISTS8

72 sections·Filtered byTitle 40✕Ch 8✕

O.C.G.A. § 40-8-1 Application of article
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(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 personal transportation vehicles. (b)…
O.C.G.A. § 40-8-10 Operation of motor vehicles with nitrous oxide; penalty for violation
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(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 nitro…
O.C.G.A. § 40-8-11 Operational rules for autonomous vehicles; state consumer laws applicable
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(a) A person may operate a fully autonomous vehicle with the automated driving system engaged without a human driver being present in the vehicle, provided that such vehicle: (1) Unless an exemption has been granted under applicable federal or state law, is capable of being opera…
O.C.G.A. § 40-8-110 Identification and color
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(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…

O.C.G.A. § 40-8-111 Equipment generally

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(a) Each school bus used for the transportation of school children in the State of Georgia shall be in compliance with the State Board of Education bus specifications for the model year of such school bus. (b) Each public school system shall be required to maintain each of its sc…

O.C.G.A. § 40-8-112 Compliance with State Board Bus Specifications

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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. (Ga. L. 1970, p. 586, § 2.)

O.C.G.A. § 40-8-113 Standards applicable regardless of size or capacity

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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. (Ga. L. 1974, p. 633, § 1; Ga. L. 1992, p. 6, § 40.)

O.C.G.A. § 40-8-114 Operation of school buses by churches, private schools, and local transit systems; transportation of school children on buses owned or operated by public transit systems

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(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 v…

O.C.G.A. § 40-8-115 Identification and equipment of school buses for special school route service

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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 …

O.C.G.A. § 40-8-116 Unlawful acts

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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 ex…

O.C.G.A. § 40-8-2 Vehicles within jurisdiction of commissioner of public safety

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In addition to the requirements of this article, the commissioner of public safety, as to the motor vehicles within the jurisdiction of the Department of Public Safety, shall have the authority to promulgate rules designed to promote safety pursuant to the provisions of Code Sect…

O.C.G.A. § 40-8-20 When lighted headlights and other lights required

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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 ve…

O.C.G.A. § 40-8-21 Visibility distance and mounted height; exception for wreckers

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(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…

O.C.G.A. § 40-8-22 Headlights

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(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 f…

O.C.G.A. § 40-8-23 Taillights

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(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 f…

O.C.G.A. § 40-8-24 Reflectors

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(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 mot…

O.C.G.A. § 40-8-25 Brake lights and turn signals required

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(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 wit…

O.C.G.A. § 40-8-26 Standards for brake lights and signal devices

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(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 …

O.C.G.A. § 40-8-27 Light, flag, or strobe lamp on projecting load; requirements for lamp and flag

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(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-…

O.C.G.A. § 40-8-28 Lights on parked vehicles

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(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 …

O.C.G.A. § 40-8-29 Spotlights, foglights, and auxiliary lights permitted

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(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 …

O.C.G.A. § 40-8-3 Vehicle or load dragging on highway; wheels causing pounding on road surface

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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,…

O.C.G.A. § 40-8-30 Standards for multiple-beam road lighting equipment

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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 distrib…

O.C.G.A. § 40-8-31 Use of multiple-beam road lighting equipment

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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 vehicle…

O.C.G.A. § 40-8-32 Lights on vehicles of rural mail carriers

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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 …

O.C.G.A. § 40-8-33 Lights on farm tractors and unlicensed three-wheeled motorcycles used only for agricultural purposes; restrictions on trailers and semitrailers otherwise exempt under Code Section 40-8-1; no duty on m

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(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 mee…

O.C.G.A. § 40-8-34 Color in lighting equipment

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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. (Ga. L. 1974, p. 633, § 1; Code 1933, § 68E-215, enacted by Ga. L. 1982, p. 165, § 4; Code 198…

O.C.G.A. § 40-8-35 Operating low-speed vehicles on highway requires amber strobe light

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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 visi…

O.C.G.A. § 40-8-4 Emblem to be displayed on certain slow-moving vehicles or equipment operating on public roads

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(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 …

O.C.G.A. § 40-8-5 Alteration of odometer; involvement with devices which cause odometer to register other than actual mileage; penalties

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(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…

O.C.G.A. § 40-8-50 Brakes required

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(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 man…

O.C.G.A. § 40-8-51 Means of operation

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(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 dow…

O.C.G.A. § 40-8-52 Parking brakes

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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…

O.C.G.A. § 40-8-53 Performance ability of brakes

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(a) Except as provided for in subsection (b) of this Code section, 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…

O.C.G.A. § 40-8-6 Alteration of suspension system; operation of vehicle with broken springs

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(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 privat…

O.C.G.A. § 40-8-6.1 Raised chassis vehicles

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(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 up…

O.C.G.A. § 40-8-7 Driving unsafe or improperly equipped vehicle; punishment for violations of chapter generally; vehicle inspection by law enforcement officer without warrant

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(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 su…

O.C.G.A. § 40-8-70 Horns and warning devices

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(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…

O.C.G.A. § 40-8-71 Exhaust system; prevention of noise, smoke, and fumes

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(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 t…

O.C.G.A. § 40-8-72 Mirrors

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(a) Except as provided in subsection (b) of this Code section, 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 th…

O.C.G.A. § 40-8-73 Windshields and windshield wipers

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(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 e…

O.C.G.A. § 40-8-73.1 Tinting of windows or windshields

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(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…

O.C.G.A. § 40-8-74 Tires

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(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 perso…

O.C.G.A. § 40-8-75 Tire covers

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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 f…

O.C.G.A. § 40-8-76 Safety belts required as equipment; safety restraints for children

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(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 p…

O.C.G.A. § 40-8-76.1 Blitch v

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State, 281 Ga. 125, 636 S.E.2d 545 (2006). Trial court properly denied the defendant’s motion to suppress evidence seized as a result of the stop of the defendant’s vehicle; the stop of the defendant’s vehicle for a seat belt violation under O.C.G.A. § 40-8-76.1(e)(3), (f ) was p…

O.C.G.A. § 40-8-77 Energy absorption system

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(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…

O.C.G.A. § 40-8-78 Safety glazing

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(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 public safety wherever glazing materials are used …

O.C.G.A. § 40-8-79 Unlawfully riding in bed of pickup truck; penalty

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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. (Code 1981, § 40-8-79, enac…

O.C.G.A. § 40-8-8 Speedometer

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Every motor vehicle operated upon a public street or highway shall be equipped with a speedometer in good working order. (Code 1933, § 68E-108, enacted by Ga. L. 1982, p. 165, § 4; Code 1981, § 40-8-8, enacted by Ga. L. 1982, p. 165, § 10.)