Title 40 — Title 40
0 chapters · 572 sections in this title.
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. § 40-8-5 Regulation of used car dealers generally, § 43-47-1 et seq
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40-3-26. Delivery; notice; security interest holders and lienholders.
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. § 40-8-54 Maintenance
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All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. (Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 115; Code 1933, § 68E-305, enacted by Ga. L. 1982, p. 165, §…
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. § 40-8-70 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 Law reviews
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— For note on the 2002 enactment of this chapter, see 19 Ga. St. U.L. Rev. 339 (2002).
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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40-8-9. Compliance with federal provisions. 40-8-10. Operation of motor vehicles with nitrous oxide; penalty for violation. 40-8-11. Operational rules for autonomous vehicles; state consumer laws applicable. 40-8-27. 40-8-28. 40-8-29. 40-8-30. 40-8-31. 40-8-32. 40-8-33. 40-8-34. …
O.C.G.A. § 40-8-9 Compliance with federal provisions
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It shall be unlawful to operate in this state any truck or truck tractor having a gross weight of 43,000 or more pounds which does not comply with the vehicle identification rules of the commissioner promulgated 475 40-8-11 pursuant to Chapter 7 of Title 46 and Chapter 16 of this…
O.C.G.A. § 40-8-90 Restrictions on use of blue lights on vehicles
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(a)(1) Except as provided in this paragraph and subsection (b) of this Code section, it shall be unlawful for any person, firm, or corporation to operate any motor vehicle equipped with or containing a device capable of producing any blue lights, whether flashing, blinking, revol…
O.C.G.A. § 40-8-94 Sirens, whistles, or bells
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Any authorized emergency vehicle may be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than 500 feet, but such siren shall not be used except when such vehicle is operated in response to an emergency c…
O.C.G.A. § 40-8-95 Rules and regulations
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The commissioner of public safety shall implement any and all provisions of Code Sections 40-8-90, 40-8-92, and 40-8-93 by the promulgation of necessary rules and regulations. (Ga. L. 1977, p. 1012, § 6; Ga. L. 2000, p. 951, § 5B-7; Ga. L. 2005, p. 334, § 19-7/HB 501.)
O.C.G.A. § 40-8-96 Violation of Code Sections 40-8-90 and 40-8-92
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Any person violating Code Sections 40-8-90 and 40-8-92 shall be guilty of a misdemeanor. (Ga. L. 1972, p. 1092, § 5; Ga. L. 1977, p. 1012, § 7.)
O.C.G.A. § 40-9-1 Short title
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This chapter shall be known and may be cited as the ‘‘Motor Vehicle Safety Responsibility Act.’’ (Ga. L. 1977, p. 1014, § 1; Ga. L. 2005, p. 334, § 20-1/HB 501.) 40-9-2. Definitions.
O.C.G.A. § 40-9-10 Chapter supplemental
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This chapter shall in no respect be considered as a repeal of the state motor vehicle laws but shall be construed as supplemental thereto. (Ga. L. 1951, p. 565, § 18; Ga. L. 1963, p. 593, § 10; Code 1933, § 68C-606, enacted by Ga. L. 1977, p. 1014, § 1; Ga. L. 1985, p. 149, § 40;…
O.C.G.A. § 40-9-100 Assigned risk plan
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(a) After consultation with insurance companies authorized to issue automobile policies in this state, the Commissioner of Insurance shall approve a reasonable plan or plans for the equitable apportionment among such companies of applicants for motor vehicle liability policies an…
O.C.G.A. § 40-9-101 Reserved
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Editor’s notes. — Ga. L. 2000, p. 1246, §§ 15, 16, effective July 1, 2000, amended and then redesignated the former provisions of this Code section, relating to self-insurers, as Code Section 33-34-5.1.
O.C.G.A. § 40-9-102 Atlanta Rent-A-Car, Inc
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v. Jackson, 204 Ga. App. 448, 419 S.E.2d 489, cert. denied, 204 Ga. App. 921, 419 S.E.2d 489 (1992). Primary coverage provided by rental company. — When a rental company incorporated the company’s own liability coverage as part of the company’s rental agreement and failed to dete…
O.C.G.A. § 40-9-11 Chapter not to prevent other process
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Nothing in this chapter shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law. (Ga. L. 1951, p. 565, § 20; Ga. L. 1963, p. 593, § 10; Code 1933, § 68C-607, enacted by Ga. L. 1977, p. 1014, § 1; Ga. L. …
O.C.G.A. § 40-9-12 Short title
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Definitions. Administration of chapter; rules and regulations; hearings; appeals. Exceptions to application of chapter. Application of chapter to nonresidents, unlicensed drivers, and unregistered vehicles; accidents in other states. Transfer of registration of vehicle after regi…
O.C.G.A. § 40-9-2 Definitions
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As used in this chapter, the term: (1) ‘‘Accident’’ means the collision of any motor vehicle with another vehicle or with any object or fixture, or involvement of a motor vehicle in any manner in which any person is killed or injured or in which damage to the property of any one …
O.C.G.A. § 40-9-3 Administration of chapter; rules and regulations; hearings; appeals
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(a) The commissioner shall administer and enforce this chapter and is authorized to adopt and enforce rules and regulations necessary for its administration. The commissioner shall prescribe suitable forms requisite or deemed necessary for the purposes of this chapter. (b) The co…
O.C.G.A. § 40-9-30 Fee for copy of accident report
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The Department of Transportation, or its third-party designee, shall charge a fee of $5.00 for each copy of any accident report received and maintained by that department or its designee pursuant to Code Section 40-6-273. (Code 1981, § 40-9-30, enacted by Ga. L. 1991, p. 309, § 1…
O.C.G.A. § 40-9-31 Submission of accident reports to department
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Each state and local law enforcement agency shall submit to the Department of Transportation the original document of any accident report prepared by such law enforcement agency or submitted to such agency by a member of the public. If the Department of Driver Services receives a…
O.C.G.A. § 40-9-34 Exceptions to requirement of security
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The requirements as to security and suspension provided in Code Sections 40-9-32 and 40-9-33 shall not apply: (1) To the operator or owner of the vehicle involved in the accident if the owner had in effect at the time of the accident an automobile liability policy with respect to…
O.C.G.A. § 40-9-35 Agreements for payment of damages
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(a) Any two or more of the persons involved in or affected by an accident may enter into a written agreement for the payment of an agreed amount with respect to all claims of any of such persons because of bodily injury to or death or property damage arising from such accident, w…
O.C.G.A. § 40-9-39 Custody, disposition, and return of deposit
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(a) The department shall place any security deposited with it under this chapter in the general fund of the state treasury. Such security shall be applicable and available only: 565 40-9-39 (1) For the payment of any settlement agreement covering any claim arising out of the acci…
O.C.G.A. § 40-9-4 Exceptions to application of chapter
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This chapter shall not apply with respect to any motor vehicle owned by the United States, the State of Georgia, any political subdivision of this state, or any municipality therein, or any motor carrier required by any other law to file evidence of insurance or other surety. Cod…
O.C.G.A. § 40-9-41 Matters not to be evidence in civil actions for damages
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Neither any accident report filed with the Department of Transportation, the action taken by the Department of Driver Services pursuant to this chapter, the findings, if any, of the department upon which such action is based, nor the security filed as provided in this chapter sha…
O.C.G.A. § 40-9-62 Duration of suspension; when judgments deemed satisfied
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(a) A driver’s license or nonresident’s operating privilege suspended pursuant to Code Section 40-9-61 shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of the judgment debtor, whether or not he or she …
O.C.G.A. § 40-9-63 Installment payment of judgments
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(a) A judgment debtor, upon due notice to the judgment creditor, may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments, and the court, in its discretion and without prejudice to any other legal remedies which the judg…
O.C.G.A. § 40-9-7 Surrender of license after suspension
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(a) Any person whose driver’s license shall have been suspended under any provision of this chapter shall immediately return his or her license to the department. If any person shall fail to return such license to the department, the department shall direct any peace officer to s…
O.C.G.A. § 40-9-80 Methods of giving proof; duration
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(a) In all those situations under this chapter in which proof of financial responsibility for the future is required, such proof may be given by filing with the department: (1) A written certificate of any insurance carrier certifying that there is in effect a liability policy as…
O.C.G.A. § 40-9-82 Cancellation of insurance certificate
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Any insurance company filing a certification with the department in order for the operator to show the proof required in this article shall not cancel such certification within 12 months from its effective date except for a subsequent conviction of any offense requiring the manda…
O.C.G.A. § 40-9-9 Reinstatement of driver’s license; fee
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Whenever a driver’s license is suspended under any provisions of this chapter and the filing of proof of financial responsibility is made a prerequisite to reinstatement of such license, no such license shall be reinstated unless the driver or owner, in addition to complying with…
O.C.G.A. § 40-10-1 Short title
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This chapter shall be known and may be cited as the ‘‘Highway Safety Coordination Act of 1967.’’ (Ga. L. 1967, p. 708, § 1.) 40-10-2. Declaration of policy; general authority of Governor.
O.C.G.A. § 40-10-10 Acceptance and administration of funds
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The Governor is designated the appropriate state official to accept and administer any funds which shall be made available to the State of Georgia and its various political subdivisions for the purpose of carrying out a comprehensive highway safety program. (Ga. L. 1967, p. 708, …