Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 40-6-183 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-6-183 Case Law from Google Scholar Amendments to OCGA 40-6-183

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 9 SPEED RESTRICTIONS

40-6-183. Alteration of speed limits by local authorities.

  1. Whenever the governing authority of an incorporated municipality or county, in its respective jurisdiction, determines on the basis of an engineering and traffic investigation that the maximum vehicle speed permitted under this chapter is greater than is reasonable and safe under the conditions found to exist upon a highway or part of a highway under its jurisdiction, such authority may determine and declare a reasonable and safe maximum vehicle speed limit thereon which:
    1. Decreases the limit at intersections;
    2. Decreases the limit outside an urban or residential district, but not to less than 30 miles per hour;
    3. Decreases the limit within an urban or residential district, but not to less than 25 miles per hour; or
    4. Decreases any speed limit where a special hazard or condition exists that requires lower speed for compliance with Code Section 40-6-180.
  2. Such an authority in its respective jurisdiction shall determine by an engineering and traffic investigation the proper maximum speed for all arterial streets and shall declare a reasonable and safe maximum speed limit thereon which may be greater or less than the maximum speed permitted under this chapter for an urban district, but in no case shall the maximum be established at higher than 55 miles per hour.
  3. Any altered limit established as authorized in this Code section shall be effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice thereof are erected upon such street or highway.
  4. Not more than six alterations as authorized in this Code section shall be made per mile along a street or highway, except in the case of reduced limits at intersections. The difference between adjacent limits shall not be more than ten miles per hour, except for reductions for school speed zones, which may be not more than 20 miles per hour when a warning sign is placed 700 feet in advance of the point at which the speed reduction is required.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 50; Code 1933, § 68A-804, enacted by Ga. L. 1975, p. 1582, § 1; Ga. L. 1978, p. 1967, § 1; Ga. L. 1990, p. 2048, § 5.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, §§ 68-301, 68-303, and 68-312 are included in the annotations for this Code section.

City ordinance penalizing lesser speed than is penalized by state.

- Legislative provisions regulating the speed of motor vehicles within the state specifically authorize municipalities to regulate traffic within the municipal limits. Walters v. State, 90 Ga. App. 360, 83 S.E.2d 48 (1954) (decided under former Code 1933, §§ 68-301, 68-303, and 68-312).

Section inapplicable to state highways.

- Ga. L. 1953, Nov.-Dec. Sess., p. 556 cannot be construed to confer upon local authorities the power to install and maintain traffic control devices on state highways. Mayor of Woodbury v. State Hwy. Dep't, 225 Ga. 723, 171 S.E.2d 272 (1969).

Cited in Sanders v. City of Columbus, 140 Ga. App. 441, 231 S.E.2d 473 (1976); Diamond v. State, 151 Ga. App. 690, 261 S.E.2d 434 (1979); Stanfield v. Smith, 152 Ga. App. 22, 262 S.E.2d 216 (1979); Reid v. City of Hogansville, 202 Ga. App. 131, 413 S.E.2d 457 (1991); Spence v. State, 295 Ga. App. 583, 672 S.E.2d 538 (2009); Frasard v. State, 322 Ga. App. 468, 745 S.E.2d 716 (2013).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 265 et seq.

ALR.

- Right of way at street or highway intersections, 37 A.L.R. 493; 47 A.L.R. 595.

Necessity and propriety of instruction as to prima facie speed limit, 87 A.L.R.2d 539.

No results found for Georgia Code 40-6-183.