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2018 Georgia Code 40-6-23 | Car Wreck Lawyer

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 2 TRAFFIC SIGNS, SIGNALS, AND MARKINGS

40-6-23. Flashing circular red or yellow signals.

Flashing signal indications shall have the following meanings:

  1. Flashing circular red (stop signal)- . When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line or, if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign;
  2. Flashing circular yellow (caution signal)- . When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 37; Code 1933, § 68A-204, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5; Ga. L. 2017, p. 720, § 4/HB 328.)

The 2017 amendment, effective July 1, 2017, inserted "circular" near the beginning of paragraphs (1) and (2) and struck the period at the end of the catchline in paragraph (2).

JUDICIAL DECISIONS

No judicial notice of familiarity with highway manual.

- Interpretation of signs and signals as provided by the manual of the State Highway Board (now State Transportation Board) is not a matter of which the court can take judicial cognizance, nor one which the court can presume that every motorist is familiar with, to the extent of imposing penal sanctions for disobedience thereof. Maxwell v. State, 97 Ga. App. 334, 103 S.E.2d 162 (1958).

Sufficient evidence to find defendant drivers negligent.

- Under an application of the rules of law to the facts, the jury was authorized to find from the evidence adduced upon the trial, and the reasonable inferences to be drawn therefrom, that the defendant drivers were grossly negligent in causing the plaintiff's injuries. Lawrence v. Hayes, 92 Ga. App. 778, 90 S.E.2d 102 (1955).

Cited in State v. Shabazz, 291 Ga. App. 751, 662 S.E.2d 828 (2008).

RESEARCH REFERENCES

C.J.S.

- 60A C.J.S., Motor Vehicles, §§ 840, 841.

ALR.

- Liability for automobile accident at intersection as affected by reliance upon or disregard of unchanging stop signal or sign, 3 A.L.R.3d 180.

Liability for automobile accident at intersection as affected by reliance upon or disregard of unchanging caution, slow, danger, or like sign or signal, 3 A.L.R.3d 507.

Liability for collision of automobile with pedestrian at intersection as affected by reliance upon or disregard of traffic sign or signal other than stop-and-go signal, 3 A.L.R.3d 557.

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