Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 40-6-312 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-6-312 Case Law from Google Scholar Amendments to OCGA 40-6-312

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 13 SPECIAL PROVISIONS FOR CERTAIN VEHICLES

40-6-312. Operating motorcycle on roadway laned for traffic.

  1. All motorcycles are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.
  2. The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
  3. No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
  4. Motorcycles shall not be operated more than two abreast in a single lane.
  5. A person operating a motorcycle shall at all times keep his headlights and taillights illuminated.
  6. Subsections (b) and (c) of this Code section shall not apply to police officers in the performance of their official duties.

(Code 1933, § 68A-1303, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5.)

JUDICIAL DECISIONS

Evidence sufficient to find violation of subsection (a).

- Trial court properly denied a motion for judgment notwithstanding the verdict since the movant, driving a van, had attempted to overtake and pass a motorcycle without changing lanes, resulting in a collision. The evidence was such that the jury could have reasonably found that the movant violated both O.C.G.A. §§ 40-6-42(1) and40-6-312. Neiswonger v. Janics, 196 Ga. App. 607, 396 S.E.2d 553 (1990).

Charging section because of skid mark.

- Even though evidence indicated that a motorcycle skid mark was found near the location on the highway where the collision between the motorcycle and truck occurred and the skid mark ran from the center line to the side of the road which would serve as evidence that at the time the brakes were applied on the motorcycle it was on the center line if not in the same lane with the vehicle being passed, the trial court erred in charging the jury with respect to O.C.G.A. § 40-6-312 since there was no evidence associating the skid mark and the motorcycle involved in the collision. Exum v. Long, 157 Ga. App. 592, 278 S.E.2d 13 (1981).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 206, 254.

ALR.

- Reciprocal duties of driver of automobile and bicyclist or motorcyclist, 172 A.L.R. 736.

No results found for Georgia Code 40-6-312.