O.C.G.A.

O.C.G.A. § 40-6-312 (2019)

Operating motorcycle on roadway laned for traffic

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) 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. (b) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (c) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. (d) Motorcycles shall not be operated more than two abreast in a single lane. (e) A person operating a motorcycle shall at all times keep his headlights and taillights illuminated. (f ) Subsections (b) and (c) of this Code section shall not apply to police officers in the performance of their official duties.

History

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

Annotations

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) and

Notes of Decisions

Cited in 1 case, 1990–1990 · leading case: Neiswonger v. Janics, 396 S.E.2d 553 (Ga. Ct. App. 1990).

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Neiswonger v. Janics, 396 S.E.2d 553 (Ga. Ct. App. 1990). · cites it 8× “Moreover, "[t]he driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance...." OCGA § 40-6-42 (1). The jury was authorized to find that appellant violated this statute, especially when its provisions are…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.