Title 40 — Title 40

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…

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. …

(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…

(a) As used in this Code section, a ‘‘funeral procession’’ means an array of motor vehicles in which the lead vehicle displays a sign, 103 40-6-76 pennant, flag, or other insignia furnished by a funeral home indicating a funeral procession unless led by a state or local law enfor…

40-6-9. Challenges to speed limits and other traffic regulations established or enforced by local governing authorities. 40-6-10. Insurance requirements for operation of motor vehicles generally. 40-6-10.1. Financial responsibility requirements of the Federal Motor Carrier Safety…

(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the hal…

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway unless he has already, and under safe conditions, entered the roadway. (b) An…

Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding his horn when necessary, and shall exercise proper precautions upon observing any child or a…

The driver of every vehicle shall yield the right of way to any blind pedestrian who is carrying a walking cane or stick white in color or white tipped with red or who is accompanied by a guide dog. (Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 80; Code 1933, § 68A-504.1, enacted by G…

A person who is under the influence of intoxicating liquor or any drug to a degree which renders him a hazard shall not walk or be upon any roadway or the shoulder of any roadway. Violation of this Code section is a misdemeanor and is punishable upon conviction by a fine not to e…

(a) As used in this Code section, the term ‘‘pedestrian’’ means any person afoot and shall include, without limitation, persons standing, walking, jogging, running, or otherwise on foot. (b) Where a sidewalk is provided, it shall be unlawful for any pedestrian to stand or stride …

(a) No person shall stand in a roadway for the purpose of soliciting a ride. (b) Except as provided in Code Section 40-6-97.1, no person shall stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle. (c) No person s…

Municipal or county governments are authorized to adopt ordinances for the issuance of permits for the solicitation of contributions on streets and highways within the geographic jurisdiction of such governments to charitable organizations registered in accordance with Code Secti…

No vehicle shall at any time be driven through or within a safety zone. (Code 1933, § 68A-508, enacted by Ga. L. 1974, p. 633, § 1; Code 1981, § 40-6-99; Code 1981, § 40-6-98, as redesignated by Ga. L. 1990, p. 2048, § 5.)

(a) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of Code Section 40-8-94, and visual and audible signals meeting the requirements of Code Section 40-6-6 or a vehicle belonging to a federal, state, or local…

This chapter shall be known and may be cited as the ‘‘Off-Road Vehicle Act of 1975.’’ (Ga. L. 1976, p. 330, § 1.) 40-7-2. Declaration of policy.

The rapid increase in the use of off-road vehicles and their growing impact upon aspects of the public interest are matters of concern to the General Assembly and to the people of this state. Therefore, in order to promote the safe use of off-road vehicles, to protect the wildlif…

Any person operating an off-road vehicle under any of the following conditions shall be deemed to be in violation of this chapter and subject to the penalties provided in Code Section 40-7-6: (1) Without operative brakes or without mufflers or other silencing equipment; (2) On an…

All peace officers shall enforce the provisions of this chapter. Any person who violates any provision of this chapter shall not thereby be guilty of a criminal act but shall be subject to a civil penalty of not less than $25.00. (Ga. L. 1976, p. 330, § 6; Ga. L. 2010, p. 98, § 1…

(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)…

(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…

(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…

(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…

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.)

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.) 40-8-114. Operation of school buses by churche…

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…

Any vehicle suspected of being operated in violation of this part may be the subject of an inspection conducted by an officer of the Georgia State Patrol who has reason to believe such violation is occurring, without the necessity of obtaining a warrant to permit such inspection.…

Repealed by Ga. L. 1982, p. 165, §§ 1, 6, effective November 1, 1982. Editor’s notes. — This Code section was based on Ga. L. 1972, p. 989, § 1. PART 2 ESTABLISHMENT OF EMISSION STANDARDS; INSPECTION OF MOTOR VEHICLES FOR COMPLIANCE WITH STANDARDS 40-8-150 through 40-8-163. Reser…

This part shall be known and may be cited as the ‘‘Vehicular Visible Emission Control Act.’’ (Ga. L. 1971, p. 186, § 1; Ga. L. 1994, p. 97, § 40.) 40-8-181. Visible emissions from vehicles on public roadways prohibited; exceptions. (a) It shall be unlawful for any person to opera…

(a) This part shall be enforced by the duly authorized traffic control agency of this state or of any political subdivision thereof. The Air Quality Control Agency of this state shall produce and furnish to such traffic control agency appropriate light transmission gauges to be u…

Any person who violates any provision of this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $10.00 nor more than $25.00. (Ga. L. 1971, p. 186, § 3.) 537 40-8-200

No subdivision of this state shall enact any ordinance or issue any rules and regulations pertaining to the discharging into the atmosphere of visible emissions from diesel powered vehicles or gasoline powered vehicles. (Ga. L. 1971, p. 186, § 4.)

This part shall not apply to off-highway farm, forest, and construction equipment being moved from one work location to another. (Ga. L. 1971, p. 186, § 5.)

Vehicles within jurisdiction of commissioner of public safety. 40-8-3. Vehicle or load dragging on highway; wheels causing pounding on road surface. 40-8-4. Emblem to be displayed on certain slow-moving vehicles or equipment operating on public roads. 40-8-5. Alteration of odomet…

Taillights. Reflectors. Brake lights and turn signals required. Standards for brake lights and signal devices. Light, flag, or strobe lamp on projecting load; requirements for lamp and flag. Lights on parked vehicles. Spotlights, foglights, and auxiliary lights permitted. Standar…

— Pursuant to Code Section 28-9-5, in 2002, ‘‘Code Sections 40-2-150 through 40-2-162; or’’ was substituted for ‘‘Code Section 40-2-150 through Code Section 40-2-162; or’’ in paragraph (a)(2) (now item (a)(2)). Editor’s notes. — Ga. L. 2002, p. 1074, § 8, not codified by the Gene…

(a) No person driving a vehicle shall refuse to submit such vehicle to an inspection and test when required to do so by the commissioner of public safety or an authorized officer of the Department of Public Safety. (b) Every owner or driver, upon receiving a notice as provided in…

(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…

(a) Every school bus which is defined by paragraph (55) of Code Section 40-1-1 which is owned or operated by a state, county, or municipal government or under contract by any independent school system shall be inspected annually, or more frequently at the discretion of the commis…

Any person who violates any provision of this article shall be guilty of a misdemeanor. (Code 1981, § 40-8-221, enacted by Ga. L. 1982, p. 165, § 9.) 40-8-222 through 40-8-264. Repealed by Ga. L. 1982, p. 165, § 9, effective November 1, 1982. Editor’s notes. — For further informa…

(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…

(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…

(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…

(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 …

(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 489 40-8-28 within a distance of 500 feet upon such street or highway, no …

(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 …

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…

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…

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 …

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…