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2018 Georgia Code 40-6-124 | Car Wreck Lawyer

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 6. Uniform Rules of the Road, 40-6-1 through 40-6-397.

ARTICLE 6 TURNING, STARTING, SIGNALING

40-6-124. Signals by hand and arm or signal lights.

  1. Any stop or turn signal when required in this chapter shall be given either by means of the hand and arm or by signal lights, except as otherwise provided in subsection (b) of this Code section.
  2. Any motor vehicle in use on a highway shall be equipped with, and a required signal shall be given by, signallights when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of such motor vehicle exceeds 24 inches or when the distance from the center of the top of the steering post to the rear limits of the body or load thereof exceeds 14 feet. The latter measurement shall apply to any single vehicle and also to any combination of vehicles.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 70; Code 1933, § 68A-605, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1985, p. 149, § 40; Ga. L. 1990, p. 2048, § 5.)

Cross references.

- Requirements regarding brake lights and turn signals generally, §§ 40-8-25,40-8-26.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 68-303 are included in the annotations for this Code section.

No conflict between subsection (b) and § 40-8-26. - There is no conflict between O.C.G.A. § 40-8-26, which requires the maintenance in good order of signal devices on all motor vehicles, and subsection (b) of O.C.G.A. § 40-6-124, which excuses from that requirement vehicles of a certain size. Stubbs v. State, 193 Ga. App. 342, 387 S.E.2d 619 (1989).

Purpose of signals.

- One purpose of giving a hand and arm signal upon stopping, starting, or turning an automobile is to command the attention of the drivers of other automobiles and to make the other drivers aware of the intentions of the driver signaling in order to avoid collisions. Pfeifer v. Yellow Cab Co., 88 Ga. App. 221, 76 S.E.2d 225 (1953) (decided under former Code 1933, § 68-303).

Bus driver not exempted.

- Driver of a bus was not exempted from the duty of complying with the provisions of former Code 1933, § 68-303, requiring hand signals before starting, stopping, or turning. Folds v. Auto Mut. Indem. Co., 55 Ga. App. 198, 189 S.E. 711 (1937) (decided under former Code 1933, § 68-303).

Operator of a bus who intended to stop or make a turn to the left or right was not relieved from the statutory obligation to extend the driver's arm horizontally as a warning or signal that the driver so intends by the fact that the driver's vehicle was equipped with a red and yellow flag which the driver could cause to extend horizontally on the left side of the driver's bus when the driver intended to stop or to make a turn. Eidson v. Felder, 69 Ga. App. 225, 25 S.E.2d 41 (1943) (decided under former Code 1933, § 68-303).

Signal requirements (hand and arm) of former Code 1933, § 68-303 were not superseded by a mechanical attachment on the vehicle placed there for the purpose of signaling to other users of the highway the intention of the driver to stop the driver's vehicle or make a turn. Eidson v. Felder, 69 Ga. App. 225, 25 S.E.2d 41 (1943) (decided under former Code 1933, § 68-303).

Negligence per se.

- Failure to comply with former Code 1933, § 68-303 was negligence per se. Folds v. Auto Mut. Indem. Co., 55 Ga. App. 198, 189 S.E. 711 (1937) (decided under former Code 1933, § 68-303).

Legal meaning of left-turn signal is that the driver of the front vehicle is warning drivers of following vehicles, when the blinker light is in operation, that it is the driver's intention to turn to the driver's left. To recognize a custom that the signal for left turn from the lead vehicle means an invitation to the following vehicle to pass is to give such signal a meaning in direct conflict with the meaning assigned the signal by express statutory law. Arnold v. Chupp, 93 Ga. App. 583, 92 S.E.2d 239 (1956).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 201.

C.J.S.

- 60A C.J.S., Motor Vehicles, §§ 697, 698, 702.

ALR.

- Reciprocal duties of drivers of automobiles or other vehicles proceeding in the same direction, 24 A.L.R. 507; 47 A.L.R. 703; 62 A.L.R. 970; 104 A.L.R. 485.

Liability for accident arising from motorist's failure to give signal for right turn, 38 A.L.R.2d 143.

Liability for accident arising from failure of motorist to give signal for left turn at intersection as against motor vehicle proceeding in same direction, 39 A.L.R.2d 15.

Liability for accident arising from failure of motorist to give signal for left turn at intersection, as against oncoming or intersecting motor vehicle, 39 A.L.R.2d 65.

Liability for accident arising from failure of motorist to give signal for left turn between intersections, 39 A.L.R.2d 103.

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