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2018 Georgia Code 32-6-24 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 32-6-24 Case Law from Google Scholar Amendments to OCGA 32-6-24

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 6. Regulation of Maintenance and Use of Public Roads Generally, 32-6-1 through 32-6-248.

ARTICLE 2 DIMENSIONS AND WEIGHT OF VEHICLES AND LOADS

32-6-24. Length of vehicles and loads.

  1. 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 flanged wheels or to attach to a detachable flanged wheel assembly for movement on the rails.
    2. "Combination of vehicles" means a semitrailer pulled by a truck tractor or a semitrailer and trailer pulled by a truck tractor operating in a truck tractor-semitrailer-trailer combination.
    3. "Extendable semitrailer" means a semitrailer that has been manufactured for the purpose of extending the frame to increase the overall length for the purpose of transporting single-piece loads.
    4. "NHS" means the National Highway System.
    5. "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.
    6. "Trailer" means a detachable load-carrying unit designed to be attached to a coupling at the rear of a semitrailer and capable of support in operation without the truck tractor.
    7. "Truck tractor" means the noncargo-carrying power unit that operates in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit.
  2. Unless exempted in Code Section 32-6-25 or so authorized by a permit issued pursuant to Code Section 32-6-28, the following length limits shall apply:
    1. Trailer and semitrailer lengths:
      1. Truck tractor-semitrailer-trailer combinations shall have trailers and semitrailers that do not exceed 28 feet in length;
      2. Truck tractor-semitrailer combinations shall have semitrailers that do not exceed 53 feet in length, unless signs are posted that indicate semitrailer length restrictions;
      3. On interstate and NHS routes, single-piece loads may be transported on an extendable semitrailer that exceeds 53 feet, provided that no pieces will be loaded end to end and the semitrailer does not exceed 75 feet in length; on roads other than the interstate and NHS routes, the foregoing provisions of this subparagraph shall also apply, except that the overall length shall not exceed 100 feet. Empty extendable semitrailers or extendable semitrailers transporting a single-piece load of 53 feet or less shall be required to maintain a semitrailer length of 53 feet or less. When the semitrailer is extended as described in this subparagraph, the rear extremity of each extendable semitrailer or load shall be marked with a four-inch multidirectional amber strobe light and with 18 inch bright red or orange warning flags on the rearmost of the load or semitrailer;
      4. Maxi-cube combinations shall have a cargo box that does not exceed 34 feet, provided that the pair of cargo boxes together does not exceed 60 feet and the overall length, including the power unit, does not exceed 65 feet; and
      5. Trailer and semitrailer length requirements in this paragraph shall not apply to automobile and boat transporters; however, no unit of the vehicle shall exceed 56 feet in length; and
    2. Overall truck tractor-semitrailer or truck tractor-semitrailer-trailer lengths:
      1. Maxi-cube combinations shall have an overall length that does not exceed 65 feet;
      2. Saddlemount and saddlemount with fullmount combinations shall have an overall length that does not exceed 97 feet; and
      3. All other combinations of truck tractor-semitrailer or truck tractor-semitrailer-trailer operated on roads other than interstate or the NHS shall have an overall length that does not exceed 100 feet, unless signs are posted that indicate length restrictions. This maximum length shall include the federal allowance for automobile and boat transporter loads to overhang up to three feet over the front of the vehicle and overhang up to six feet over the rear of the vehicle.

(Ga. L. 1927, p. 226, § 15; Code 1933, § 68-401; Ga. L. 1956, p. 83, § 2; Ga. L. 1959, p. 27, § 1; Ga. L. 1964, p. 83, § 1; Ga. L. 1968, p. 30, § 1; Code 1933, § 95A-958, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, §§ 35, 36; Ga. L. 1979, p. 439, § 2; Ga. L. 1980, p. 576, §§ 1-3; Ga. L. 1981, p. 133, § 1; Ga. L. 1983, p. 1798, § 2; Ga. L. 1985, p. 1002, § 1; Ga. L. 1987, p. 414, § 1; Ga. L. 1987, p. 1030, § 1; Ga. L. 1989, p. 1569, § 1; Ga. L. 1989, p. 693, § 1; Ga. L. 1990, p. 255, § 1; Ga. L. 1991, p. 94, § 32; Ga. L. 1992, p. 2467, § 1; Ga. L. 1993, p. 786, § 1; Ga. L. 1995, p. 990, § 1; Ga. L. 1996, p. 1010, § 2; Ga. L. 1999, p. 567, § 2; Ga. L. 1999, p. 828, § 1; Ga. L. 2000, p. 136, § 32; Ga. L. 2000, p. 1654, § 1; Ga. L. 2001, p. 4, § 32; Ga. L. 2010, p. 442, § 1/HB 1174; Ga. L. 2017, p. 720, § 1/HB 328.)

The 2010 amendment, effective July 1, 2010, added paragraph (a)(4); redesignated former paragraph (a)(4) as present paragraph (a)(5); deleted former paragraph (a)(5), which read: "'STAA system' means the National Network and the Access Routes to the National Network as allowed under the federal Surface Transportation Assistance Act (STAA), as amended."; in subparagraph (b)(1)(C), substituted "NHS" for "STAA system" twice and substituted "18 inch" for "12 inch" in the last sentence; and, in paragraph (b)(2), substituted "97 feet" for "75 feet" at the end of subparagraph (b)(2)(B), and substituted "NHS" for "STAA system of roads" in the first sentence of subparagraph (b)(2)(C).

The 2017 amendment, effective July 1, 2017, substituted "six feet" for "four feet" near the end of the last sentence of subparagraph (b)(2)(C).

Cross references.

- Light, flag, or strobe lamp on projecting load, § 40-8-27.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, "term" was substituted for "terms" at the end of the introductory language of subsection (a).

JUDICIAL DECISIONS

Delegation of authority constitutional.

- Delegation of authority to the Department of Transportation to determine which of the thousands of miles of state highways are suitable for the types of truck traffic governed by the statute is not unconstitutional. State v. Moore, 259 Ga. 139, 376 S.E.2d 877 (1989).

Enforcement of different limits violates equal protection clause.

- Enforcement of total length limits - i.e., combination of vehicle and load - for general freight transport that are different from those total length limits enforced as to live poultry transport violates the equal protection clause of the Georgia Constitution. State v. Moore, 259 Ga. 139, 376 S.E.2d 877 (1989).

Cited in Seabolt v. State, 174 Ga. App. 572, 330 S.E.2d 789 (1985).

OPINIONS OF THE ATTORNEY GENERAL

Preemption.

- 49 U.S.C. § 2311, which establishes certain minimum vehicle lengths, without reference to loads, did not preempt O.C.G.A. § 32-6-24 with regard to load lengths of automobile transporters on federally assisted highways. 1985 Op. Att'y Gen. No. U85-1.

Promotion of safety and protection of public investment.

- O.C.G.A. §§ 32-1-10,32-6-23,32-6-24,46-7-61 (now repealed) and46-7-78 (now repealed) are intended to promote the safety of the traveling public and protect the public's investment in the public's roads and highways. 1981 Op. Att'y Gen. No. U81-17.

Traffic regulation.

- This section qualifies as a statute relating to traffic upon the public roads, streets, and highways, violation of which is punishable as a misdemeanor offense. 1979 Op. Att'y Gen. No. U79-14 (see O.C.G.A. § 32-6-24).

RESEARCH REFERENCES

ALR.

- Validity, construction, and application of statutes or other regulations affecting the moving of buildings on highways, 83 A.L.R.2d 464.

Violation of regulation governing size or weight of motor vehicles, or combinations of vehicles and loads, on the highway as basis of liability for personal injury, death, or damage to private property, 21 A.L.R.3d 989.

Cases Citing O.C.G.A. § 32-6-24

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Suarez v. Suarez, 355 S.E.2d 649 (Ga. 1987).

Cited 27 times | Published | Supreme Court of Georgia | May 19, 1987 | 257 Ga. 102

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State of Ga. v. Moore, 376 S.E.2d 877 (Ga. 1989).

Cited 11 times | Published | Supreme Court of Georgia | Mar 2, 1989 | 259 Ga. 139

...Baxley, for appellees. Michael J. Bowers, Attorney General, Roland F. Matson, Senior Assistant Attorney General, amicus curiae. *144 WELTNER, Justice. The State prosecuted four truckdrivers for operating vehicles in excess of sixty feet, as prohibited by OCGA § 32-6-24. They filed general demurrers, challenging the constitutionality of the statute on various grounds. The trial court sustained the demurrers on every ground. Equal Protection 1. The present statute establishing length limits (OCGA § 32-6-24) provides that "no vehicle or combination of vehicles and load shall exceed a total length of 60 feet" unless it is exempt, as follows: (a) The length limitation of 60 feet does not apply to the operation of farming, agricultural, or fores...
...mobile carriers; however 65 feet shall be the limit; [3] (3) combination of vehicle and load transporting live poultry no longer than 65 feet; [4] (4) combination of vehicle and load of flat-bed van carriers not exceeding 63 feet in length. [5] OCGA § 32-6-24 (b)....
...(c) The Department of Transportation may issue, upon application, permits in writing authorizing the applicant to operate on public roads vehicles with lengths exceeding 60 feet upon a showing of certain specified conditions. OCGA § 32-6-28. 2. OCGA § 32-6-24 is part of the Georgia Code of Public Transportation, whose stated purpose is "to provide for the administration, financing, construction, maintenance, and operation of an adequate and integrated system of public roads and other modes of t...
...734, 742 (285 SE2d 913) (1982). However, the essential of any such classification is that it bear a direct and real relation to the object or purpose of the legislation. See, e.g., Lasseter v. Ga. Public Service Comm., 253 Ga. 227, 230-1 (319 SE2d 824) (1984). 4. OCGA § 32-6-24 (b) (2) exempts certain loads that are single length pieces. OCGA § 32-6-24 (b) (3), (4), and (5) exempt trucks used in different industries from the length requirements, according to their specific use....
...It is thus fully apparent that, as compared to haulers of live poultry, they are denied the equal protection that our constitution demands. [8] On the record of *142 this case, we are unable to uphold the validity of the exemption contained in OCGA § 32-6-24 (b) (4)....
...length limits — i.e., combination of vehicle and load — for general freight transport that are different from those total length limits enforced as to live poultry transport is violative of the Georgia Constitution. Delegation of Authority 8. OCGA § 32-6-24 (a) (2) specifies exceptions for oversized vehicles on "fully limited access highways designed to National System of Interstate and Defense Highways standards." The statute also authorizes the Department to designate any other street, road...
...10. In light of these dispositions, other enumerated constitutional challenges need not be addressed. Judgment affirmed in part and reversed in part. All the Justices concur. NOTES [1] "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 vehicles, which may exceed such limitation without a permit: farming or agricultural equipment or forest management equipment, whether self-propelled or being hauled, when such v...
...ing poles and pilings from the woods to the processing plant [a business engaged in manufacturing poles and pilings for commercial purposes] or transporting poles for utility companies when such poles cannot be readily dismantled or separated." OCGA § 32-6-24 (b) (2)....
...[3] "Vehicles transporting motor vehicles (commonly known as automobile carriers) shall not carry a load exceeding 65 feet in length. However, subsection (a) of this Code section, which provides that no trailer shall exceed 45 feet in length, shall not apply to automobile carriers." OCGA § 32-6-24 (b) (3)....
...[4] "Vehicles transporting live poultry shall not carry a load exceeding 65 feet in length. However, subsection (a) of this Code section, which provides that no trailer shall exceed 45 feet in length, shall not apply to vehicles hauling live poultry." OCGA § 32-6-24 (b) (4)....
...hed to the rear of the carrier and which shall be marked in letters at least 12 inches high. However, subsection (a) of this Code section, which provides that no trailer shall exceed 45 feet in length, shall not apply to flat-bed van carriers." OCGA § 32-6-24 (b) (5)....
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Moreland v. Kenosha Auto Transp., 255 Ga. 249 (Ga. 1985).

Published | Supreme Court of Georgia | Nov 27, 1985 | 336 S.E.2d 788

...Kenosha Auto Transport Corp. brought an action for declaratory and injunctive relief against Thomas D. Moreland as Commissioner of the Department of Transportation (DOT) seeking to prevent More-land’s enforcement of the vehicle length limitations of OCGA § 32-6-24 (a) (2) against Kenosha vehicles operated on Georgia highways. Kenosha operates “low-boy” trailers to haul vans, trucks, or truck tractors. These low-boy trailers, unlike double-decked caged trailers, accommodate only one tier of vehicles. OCGA § 32-6-24 (a) (2) provides that no vehicle or combination of vehicles and load shall exceed a length of 60 feet. “Vehicles transporting motor vehicles (commonly known as automobile carriers)” are exempted from OCGA § 32-6-24 (a) (2) by § 32-6-24 (b) (3), which provides that vehicles transporting motor vehicles shall not carry a load exceeding 65 feet in length and also exempts the trailer from the 45-foot length limits of § 32-6-24 (a) (2)....
...nd contends that they are not because of the parenthetical phrase “commonly known as automobile carriers.” The trial court granted declaratory and injunctive relief to Keno-sha, ruling that low-boy trailers were included within the exception of § 32-6-24 (b) (3) and ruling that under federal regulations 23 CFR § 658.13 (d) low-boy trailers, trucks, vans or truck tractors are automobile transporters....
...The use of this phrase in a statute, the violation of which may be punished as a misdemeanor, causes the statute to be so vague as to be unenforceable. This vagueness is cured by disregarding the phrase “automobile carrier,” which has the effect of making the exception of OCGA § 32-6-24 (b) (3) clearly apply to all vehicles transporting motor vehicles....
...xception for flatbed van carriers from the 60-foot overall length limitation, Kenosha should be limited to the 63 feet allowed under this amendment if given any relief at all. Moreland argues that the addition of the exception for van carriers, OCGA § 32-6-24 (b) (5), shows that the General Assembly never intended for the exception of OCGA § 32-6-24 (b) (3) to apply to the low-boy carriers Kenosha operates. There are two difficulties with this argument. First, the fact that the trial court did not find the provision of OCGA § 32-6-24 (b) (5) applicable was not enumerated as error by Moreland on appeal....
...Secondly, it is unlikely that the intent of the General Assembly in using certain terminology in 1968, Ga. L. 1968, pp. 30, 32, is shown by the General Assembly’s amending the statute in 1985. Since Kenosha’s vehicles are vehicles transporting motor vehicles, they are within the length limit exception created by OCGA § 32-6-24 (b) (3)....