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Call Now: 904-383-7448No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event, the overtaking vehicle shall return to an authorized lane of travel as soon as practicable and, in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any approaching vehicle.
(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 58A; Code 1933, § 68A-305, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5.)
- Defendant could not be prosecuted for the offense of improper passing and vehicular homicide since the defendant had already pled guilty to a charge of improper passing and paid a fine because improper passing was necessarily a lesser included offense of vehicular homicide. State v. Williams, 214 Ga. App. 701, 448 S.E.2d 700 (1994).
- Violation of that part of this statute which prohibits passing to the left of the center of the road where the way ahead is not clear would constitute negligence per se, unless the violation was the result of an emergency unmixed with any fault of the driver; whether or not such an emergency existed is ordinarily a jury question. Hagans v. State, 91 Ga. App. 55, 84 S.E.2d 852 (1954).
- After two automobiles collided near the front of a parked automobile, which the defendant was passing, while the defendant's car was to the left of the center of the highway and on plaintiff-driver's side of the road, this was a violation of this statute and was negligence per se. Hodges v. Pilgrim, 88 Ga. App. 256, 76 S.E.2d 454 (1953).
- See Basile v. State, 183 Ga. App. 853, 360 S.E.2d 414, cert. denied, 183 Ga. App. 905, 360 S.E.2d 414 (1987).
Cited in Hanover Ins. Co. v. Rollins, 136 Ga. App. 595, 222 S.E.2d 91 (1975); Simpson v. Reed, 186 Ga. App. 297, 367 S.E.2d 563 (1988).
- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 249, 250.
- 60A C.J.S., Motor Vehicles, §§ 652, 715, 741 et seq.
- 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.
Rights and liabilities as between drivers of motor vehicles proceeding in same direction, where one or both attempt to pass on left of another vehicle so proceeding, 27 A.L.R.2d 317.
Reciprocal rights, duties, and liabilities where motor vehicle driver, passing on left of other vehicle proceeding in same direction, cuts back to the right, 48 A.L.R.2d 232.
No results found for Georgia Code 40-6-44.