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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 40. MOTOR VEHICLES AND TRAFFIC |
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Chapter 6. UNIFORM RULES OF THE ROAD |
| Article 1. GENERAL PROVISIONS |
| Article 2. TRAFFIC SIGNS, SIGNALS, AND MARKINGS |
| Article 3. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING, FOLLOWING TOO CLOSELY |
| Article 4. RIGHT OF WAY |
| Article 5. RIGHTS AND DUTIES OF PEDESTRIANS |
| Article 6. TURNING, STARTING, SIGNALING |
| Article 7. NEGOTIATING RAILROAD CROSSINGS, ENTERING HIGHWAYS FROM PRIVATE DRIVEWAYS |
| Article 8. SCHOOL BUSES |
| Article 9. SPEED RESTRICTIONS |
| Article 10. STOPPING, STANDING, AND PARKING |
| Article 11. MISCELLANEOUS PROVISIONS |
| Article 12. ACCIDENTS |
| Article 13. SPECIAL PROVISIONS FOR CERTAIN VEHICLES |
| Article 14. EFFECT OF CHAPTER ON POWERS OF LOCAL AUTHORITIES |
| Article 15. SERIOUS TRAFFIC OFFENSES |
REFS & ANNOS
TITLE 40 Chapter 6 NOTE
CROSS REFERENCES. --Liability of persons rendering emergency care generally, §§ 31-11-8, 51-1-29, 51-1-30, and 51-1-30.1. Regulation of size, weight, and other elements of vehicles and loads on public highways, § 32-6-20 et seq. Liability of law enforcement officers for actions taken while performing duties at scene of emergency, § 35-1-7. Observance of laws by motor carriers, § 40-1-122. Georgia forest products trucking rules, § 46-1-1.
EDITOR'S NOTES. --Since the purpose of Ga. L. 1990, p. 2048, was to "revise, reorganize, modernize, consolidate, and clarify" laws relating to certain aspects of the motor vehicle code, wherever it was possible to do so, other Acts amending Title 40 were construed in conjunction with Ga. L. 1990, p. 2048. This construction particularly includes Acts amending a given Code section when the Code section was later renumbered or redesignated by Ga. L. 1990, p. 2048.
Ga. L. 1990, p. 2048, § 17, not codified by the General Assembly, provides: "Prosecution for any violation of Sections 4 and 5 of this Act occurring prior to January 1, 1991, is not affected or abated by this Act."
JUDICIAL DECISIONS
CONSTITUTIONALITY. --Uniform Rules of the Road Act, Ga. L. 1974, p. 633 (see O.C.G.A. § 40-6-1 et seq.), does not violate the Georgia Constitution by containing matter different from what is expressed in the title. Head v. State, 246 Ga. 360, 271 S.E.2d 452 (1980).
PURPOSE OF CHAPTER. --Statutory purpose of all the regulations codified as the Uniform Rules of the Road, Ga. L. 1974, p. 633, (see O.C.G.A. § 40-6-1 et seq.) is to promulgate the safe and expeditious movement of vehicular traffic on the highways. Crook v. State, 156 Ga. App. 756, 275 S.E.2d 794 (1980).
NO CONFLICT WITH O.C.G.A. § 40-9-3. --Uniform Traffic Regulations Act, Ga. L. 1953, Nov.-Dec. Sess., p. 556, is not in irreconcilable conflict with the provisions of the Motor Vehicle Responsibility Act, Ga. L. 1951, p. 565, which confers upon the commissioner of public safety the power to cancel drivers' licenses. Turmon v. Department of Pub. Safety, 222 Ga. 843, 152 S.E.2d 884 (1967) (decided under former Code 1933, § 92A-6).
VIOLATION OF STATUTE AND ORDINANCE. --Any violation of the Uniform Rules of the Road Act, Ga. L. 1974, p. 633 (see O.C.G.A. § 40-6-1 et seq.) and of a local ordinance may, at the discretion of the local prosecutor, be charged as a violation of the state statute or the local ordinance. Diamond v. State, 151 Ga. App. 690, 261 S.E.2d 434 (1979).
STATE COURT JURISDICTION. --State court has jurisdiction over all misdemeanor offenses in county including violations of the Uniform Rules of the Road Act, Ga. L. 1974, p. 633 (see O.C.G.A. § 40-6-1 et seq.). Diamond v. State, 151 Ga. App. 690, 261 S.E.2d 434 (1979).
TRAFFIC VIOLATION IS NEGLIGENCE AS A MATTER OF LAW rather than issuable negligence as a matter of fact. Mathis v. Mangum, 166 Ga. App. 415, 304 S.E.2d 520 (1983).
CITED in Mayor of Savannah v. Palmerio, 242 Ga. 419, 249 S.E.2d 224 (1978); Akin v. Hardison, 245 Ga. 57, 262 S.E.2d 814 (1980); Ray v. Parcel Delivery Co., 155 Ga. App. 531, 271 S.E.2d 670 (1980).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, opinions under former Code 1933, Ch. 68-16 are included in the annotations for this Code section.
PURPOSE OF CHAPTER. --Purpose of the Uniform Rules of the Road Act, Ga. L. 1974, p. 633 (see O.C.G.A. § 40-6-1 et seq.) is not essentially penal, but remedial and designed to promote public safety. 1975 Op. Att'y Gen. No. 75-117.
SUSPENSION AND RETENTION OF LICENSES OF CONVICTED RACERS. --Amendment to the Uniform Rules of the Road Act, having been approved by the Governor subsequent to approval of the Drivers Licensing Act, prevails over the Drivers Licensing Act to the extent that there is a conflict between the two statutes; thus, the department should continue to suspend and retain drivers licenses of persons convicted of racing in accordance with the provisions of the Uniform Rules of the Road Act and disregard the inconsistent provisions of the Drivers Licensing Act which were approved prior to the Uniform Rules of the Road Act. 1975 Op. Att'y Gen. 75-117.
PERMISSION REQUIRED BEFORE CITY ENACTS ORDINANCE. --City cannot enact an ordinance regulating parking on a state highway without first receiving permission of the Department of Transportation. 1971 Op. Att'y Gen. No. U71-3 (decided under former Code 1933, ch. 68-16).
UNITS SUBJECT TO BRAKING AND INSPECTION REQUIREMENTS. --Type of unit which is secured by a flexible, welded joint is a single unified motor vehicle and not two separate vehicles; as such, the unit is subject to the braking and inspection requirements imposed by law on motor vehicles. 1968 Op. Att'y Gen. No. 68-308 (decided under former Code 1933, ch. 68-16).
RESEARCH REFERENCES
Am. Jur. Proof of Facts. --Driver's Failure to Maintain Proper Lookout, 40 POF2d 411.
Driver's Negligence in Backing Up, 46 POF2d 647.
ALR. --Right or duty to turn in violation of law of road to avoid traveler, or obstacle, 24 ALR 1304; 63 ALR 277; 113 ALR 1328.
Regulation of carriers by motor vehicle as affected by interstate commerce clause, 85 ALR 1136; 109 ALR 1245; 135 ALR 1358.
Power to restrict or interfere with access of abutter by traffic regulations, 73 ALR2d 689.
Entrapment to commit traffic offense, 34 ALR4th 1167.
EDITOR'S NOTES. --Since the purpose of Ga. L. 1990, p. 2048, was to "revise, reorganize, modernize, consolidate, and clarify" laws relating to certain aspects of the motor vehicle code, wherever it was possible to do so, other Acts amending Title 40 were construed in conjunction with Ga. L. 1990, p. 2048. This construction particularly includes Acts amending a given Code section when the Code section was later renumbered or redesignated by Ga. L. 1990, p. 2048.
Ga. L. 1990, p. 2048, § 17, not codified by the General Assembly, provides: "Prosecution for any violation of Sections 4 and 5 of this Act occurring prior to January 1, 1991, is not affected or abated by this Act."
JUDICIAL DECISIONS
CONSTITUTIONALITY. --Uniform Rules of the Road Act, Ga. L. 1974, p. 633 (see O.C.G.A. § 40-6-1 et seq.), does not violate the Georgia Constitution by containing matter different from what is expressed in the title. Head v. State, 246 Ga. 360, 271 S.E.2d 452 (1980).
PURPOSE OF CHAPTER. --Statutory purpose of all the regulations codified as the Uniform Rules of the Road, Ga. L. 1974, p. 633, (see O.C.G.A. § 40-6-1 et seq.) is to promulgate the safe and expeditious movement of vehicular traffic on the highways. Crook v. State, 156 Ga. App. 756, 275 S.E.2d 794 (1980).
NO CONFLICT WITH O.C.G.A. § 40-9-3. --Uniform Traffic Regulations Act, Ga. L. 1953, Nov.-Dec. Sess., p. 556, is not in irreconcilable conflict with the provisions of the Motor Vehicle Responsibility Act, Ga. L. 1951, p. 565, which confers upon the commissioner of public safety the power to cancel drivers' licenses. Turmon v. Department of Pub. Safety, 222 Ga. 843, 152 S.E.2d 884 (1967) (decided under former Code 1933, § 92A-6).
VIOLATION OF STATUTE AND ORDINANCE. --Any violation of the Uniform Rules of the Road Act, Ga. L. 1974, p. 633 (see O.C.G.A. § 40-6-1 et seq.) and of a local ordinance may, at the discretion of the local prosecutor, be charged as a violation of the state statute or the local ordinance. Diamond v. State, 151 Ga. App. 690, 261 S.E.2d 434 (1979).
STATE COURT JURISDICTION. --State court has jurisdiction over all misdemeanor offenses in county including violations of the Uniform Rules of the Road Act, Ga. L. 1974, p. 633 (see O.C.G.A. § 40-6-1 et seq.). Diamond v. State, 151 Ga. App. 690, 261 S.E.2d 434 (1979).
TRAFFIC VIOLATION IS NEGLIGENCE AS A MATTER OF LAW rather than issuable negligence as a matter of fact. Mathis v. Mangum, 166 Ga. App. 415, 304 S.E.2d 520 (1983).
CITED in Mayor of Savannah v. Palmerio, 242 Ga. 419, 249 S.E.2d 224 (1978); Akin v. Hardison, 245 Ga. 57, 262 S.E.2d 814 (1980); Ray v. Parcel Delivery Co., 155 Ga. App. 531, 271 S.E.2d 670 (1980).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, opinions under former Code 1933, Ch. 68-16 are included in the annotations for this Code section.
PURPOSE OF CHAPTER. --Purpose of the Uniform Rules of the Road Act, Ga. L. 1974, p. 633 (see O.C.G.A. § 40-6-1 et seq.) is not essentially penal, but remedial and designed to promote public safety. 1975 Op. Att'y Gen. No. 75-117.
SUSPENSION AND RETENTION OF LICENSES OF CONVICTED RACERS. --Amendment to the Uniform Rules of the Road Act, having been approved by the Governor subsequent to approval of the Drivers Licensing Act, prevails over the Drivers Licensing Act to the extent that there is a conflict between the two statutes; thus, the department should continue to suspend and retain drivers licenses of persons convicted of racing in accordance with the provisions of the Uniform Rules of the Road Act and disregard the inconsistent provisions of the Drivers Licensing Act which were approved prior to the Uniform Rules of the Road Act. 1975 Op. Att'y Gen. 75-117.
PERMISSION REQUIRED BEFORE CITY ENACTS ORDINANCE. --City cannot enact an ordinance regulating parking on a state highway without first receiving permission of the Department of Transportation. 1971 Op. Att'y Gen. No. U71-3 (decided under former Code 1933, ch. 68-16).
UNITS SUBJECT TO BRAKING AND INSPECTION REQUIREMENTS. --Type of unit which is secured by a flexible, welded joint is a single unified motor vehicle and not two separate vehicles; as such, the unit is subject to the braking and inspection requirements imposed by law on motor vehicles. 1968 Op. Att'y Gen. No. 68-308 (decided under former Code 1933, ch. 68-16).
RESEARCH REFERENCES
Am. Jur. Proof of Facts. --Driver's Failure to Maintain Proper Lookout, 40 POF2d 411.
Driver's Negligence in Backing Up, 46 POF2d 647.
ALR. --Right or duty to turn in violation of law of road to avoid traveler, or obstacle, 24 ALR 1304; 63 ALR 277; 113 ALR 1328.
Regulation of carriers by motor vehicle as affected by interstate commerce clause, 85 ALR 1136; 109 ALR 1245; 135 ALR 1358.
Power to restrict or interfere with access of abutter by traffic regulations, 73 ALR2d 689.
Entrapment to commit traffic offense, 34 ALR4th 1167.