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2018 Georgia Code 40-6-43 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-6-43 Case Law from Google Scholar Amendments to OCGA 40-6-43

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 3 DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING, FOLLOWING TOO CLOSELY

40-6-43. When overtaking and passing on the right permitted.

  1. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
    1. When the vehicle overtaken is making or about to make a left turn; or
    2. Upon a street or highway with unobstructed pavement of sufficient width for two or morelanes of moving vehicles in the direction being traveled by the overtaking vehicle.
  2. If otherwise authorized, the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 58; Code 1933, § 68A-304, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5.)

JUDICIAL DECISIONS

Jury instruction proper.

- See Hogan v. Pony Express Courier Corp., 195 Ga. App. 592, 394 S.E.2d 391 (1990).

Cited in Thomas v. State, 294 Ga. App. 108, 668 S.E.2d 540 (2008).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 253.

C.J.S.

- 60A C.J.S., Motor Vehicles, § 744.

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 injury or damage growing out of pulling out of parked motor vehicle, 29 A.L.R.2d 107.

Reciprocal rights, duties, and liabilities where driver of motor vehicle attempts to pass on right of other motor vehicle proceeding in same direction, 38 A.L.R.2d 114.

Automobiles: duty and liability with respect to giving audible signal before passing, 22 A.L.R.3d 325.

No results found for Georgia Code 40-6-43.