Title 32 — Title 32

(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.

(a)(1) Before abandoning any public road on the state highway system, the department shall confer with the governing authority of the counties or municipalities concerned and give due consideration 352 32-7-2 to their wishes in such abandonment; but in case of disagreement the ju…

(a)(1) In disposing of property, as authorized under Code Section 32-7-3, the department, a county, or a municipality, provided that such department, county, or municipality has held title to the property for no more than 30 years, shall notify the owner of such property at the t…

(a) In order that any interest in real property acquired for public road or other transportation purposes may be used most economically, the department, counties, or municipalities, in addition to the authority granted in Code Section 32-7-3 to dispose of property no longer neede…

(a) As used in this Code section, the term: (1) ‘‘Mass transportation’’ means all modes of transportation serving the general public which are appropriate, in the judgment of the department, to transport people, commodities, or freight by highways, rail, air, water, or other conv…

(a) The purpose of this Code section is to implement the federal Public Transportation Safety Program, 49 U.S.C. Section 5329, referred to in this Code section as the act. 383 32-9-10 HIGHWAYS, BRIDGES, AND FERRIES 32-9-10 (b) For purposes of this Code section, the term ‘‘system’…

(a) As used in this Code section, the term: (1) ‘‘Local government’’ means any county, municipality, or political subdivision of this state, or any combination thereof. (2) ‘‘Nonattainment area’’ means those counties currently having or previously deemed to have excess levels of …

The department will form a pilot program that will provide a state level flow through point for any available federal funding or other forms of financial and development sources and assistance for local, regional, and public-private streetcar projects. Any funding through bonds f…

As used in this article, the term: (1) ‘‘Authority’’ means the authority created by the MARTA Act and pursuant to a local constitutional amendment for purposes of establishing a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008. (2) ‘‘Board’’ means…

— Ga. L. 2004, p. 898, § 2, not codified by the General Assembly, provides that: ‘‘The department will form a pilot program that will provide a state level flow through point for any available federal funding or other forms of financial and development sources and assistance for …

(a) There is created the Metropolitan Atlanta Rapid Transit Overview Committee to be composed of the following 14 members: the chairperson of the State Planning and Community Affairs Committee of the House of Representatives; the chairperson of the State and Local Governmental Op…

(a) On and after January 1, 2019, the board shall utilize a logo and brand upon any newly acquired capital asset worth more than $250,000.00 that is regularly visible to the public which shall include the acronym ‘‘ATL’’ as a prominent feature. (b) On and after January 1, 2023, t…

Any provision of the MARTA Act which limits the amount the state may contribute to the system of the rapid transit system of the authority shall stand repealed. History. — Code 1981, § 32-9-18, enacted by Ga. L. 2018, p. 377, § 3-1/HB 930. Effective date. — This Code section beca…

(a) Notwithstanding the provisions of the MARTA Act, any county, municipality, special tax or community improvement district, political subdivision of this state within the metropolitan area, or any combination thereof may execute a transportation services contract with the autho…

(a)(1) Any provisions to the contrary in the MARTA Act notwithstanding and pursuant to the authority granted under a provision of the Constitution enacted by Ga. L. 1964, p. 1008, and subject to such limitations set forth in this Code section, the authority and the board of commi…

Notwithstanding subsections (a) and (b) of Section 6 of the MARTA Act to the contrary, upon approval of a rapid transit contract pursuant to Code Section 32-9-20, the board of commissioners of Gwinnett County may appoint three residents of the county to the board. The 407 32-9-24…

(a) As used in this Code section, the term ‘‘FlexAuto lane’’ means an area designated as a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or other road into a rush hour traffic lane for use by…

Subject to general appropriations for such purposes, the department, pursuant to its rules and regulations, is authorized, alone or in cooperation with counties, municipalities, authorities, state agencies, or private or public entities, to participate in the establishment and op…