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2018 Georgia Code 32-6-30 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 32-6-30 Case Law from Google Scholar Amendments to OCGA 32-6-30

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

32-6-30. Stopping vehicles for purposes of weighing, measuring, or inspecting; reports of violations; refusal to stop.

  1. Any law enforcement officer or employee of the Department of Public Safety to whom law enforcement authority has been designated who observes a motor vehicle being operated upon a public road of the state and who has reason to believe that: (1) Any provision of this article is being violated; (2) The vehicle is improperly licensed in violation of Code Sections 40-2-150 through 40-2-162; or (3) A fuel tax registration card is not being carried or that a proper distinguishing identification marker is not affixed to the vehicle in violation of Code Section 48-9-39 is authorized to stop such vehicle and weigh, measure, or inspect the same. Violations of such licensing or fuel tax registration and identification requirements shall be reported to the Department of Revenue.
    1. If the operator of the vehicle shall refuse to stop upon proper order as directed by a person authorized by subsection (a) of this Code section to stop, weigh, measure, or inspect the vehicle or its load, the operator shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $200.00. The operator shall have the right to post an appropriate bond, which shall not exceed $400.00, when any law enforcement officer or employee of the Department of Public Safety authorized to enforce this article apprehends said operator for any violation of this article.
    2. In addition, the operator's driver's license or nonresident's driving privilege may be suspended for a period of not more than 90 days by the Department of Driver Services upon satisfactory proof of said refusal to stop or drive the vehicle upon the scales. Each person who shall apply for a Georgia driver's license, or for nonresident driving privileges, or for a renewal of same thereby consents to stop such vehicle for inspection or to drive such vehicle upon scales whenever so ordered by a law enforcement official or authorized employee of the Department of Public Safety.

(Ga. L. 1960, p. 1122, § 2; Ga. L. 1968, p. 193, §§ 1, 3; Code 1933, § 95A-963, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 2000, p. 951, § 2-7; Ga. L. 2002, p. 1074, § 5; Ga. L. 2005, p. 334, § 12-4/HB 501; Ga. L. 2007, p. 47, § 32/SB 103.)

Cross references.

- General duty of Georgia State Patrol to check motor vehicles for excess load, § 35-2-33.

Stopping of motor vehicles for lack of proper equipment or for other safety violations, § 40-8-200.

Code Commission notes.

- 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 General Assembly, provides that: "This Act shall not abate any prosecution, punishment, penalty, administrative proceedings or remedies, or civil action related to any violation of law committed prior to the effective date of this Act." The effective date of Ga. L. 2002, p. 1074 was July 1, 2002.

Administrative Rules and Regulations.

- Overweight assessment citation, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Driver Services, Administration, Chapter 375-1-3.

OPINIONS OF THE ATTORNEY GENERAL

O.C.G.A. § 32-6-30 is a traffic law since the statute provides for criminal liability for refusing to stop and permit vehicles to be weighed, measured, and inspected. 1981 Op. Att'y Gen. No. U81-17.

Classification of traffic offenses includes violations of O.C.G.A. §§ 32-6-30 and46-7-61 (now repealed). 1981 Op. Att'y Gen. No. U81-17.

Cases may be tried upon uniform traffic citation.

- Since violations of O.C.G.A. §§ 32-6-30 and46-7-61 (now repealed) constitute misdemeanor traffic offenses, cases arising from these sections may be tried upon a uniform traffic citation, and any cash appearance bonds posted may be forfeited as provided by O.C.G.A. § 17-6-8. 1981 Op. Att'y Gen. No. U81-17.

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