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2018 Georgia Code 40-6-45 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-6-45 Case Law from Google Scholar Amendments to OCGA 40-6-45

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

40-6-45. Further limitations on driving on left of center of roadway.

  1. No vehicle shall be driven on the left side of a roadway designed and authorized for traffic traveling in opposite directions under the following conditions:
    1. When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
    2. When traversing any:
      1. Intersection which is clearly marked by a solid barrier line placed on the right-hand element of a combination stripe along the center or lane line or by a solid double yellow line; or
      2. Railroad grade crossing; or
    3. When the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or tunnel.
  2. The foregoing limitations shall not apply upon a one-way roadway nor under the conditions described in paragraph (2) of subsection (a) of Code Section 40-6-40 nor to the driver of a vehicle turning left into or from an alley, private road, driveway, or roadway.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 59; Code 1933, § 68A-306, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5; Ga. L. 2000, p. 1313, § 3.)

JUDICIAL DECISIONS

Constitutionality.

- See Garrett v. Department of Pub. Safety, 237 Ga. 413, 228 S.E.2d 812 (1976).

Finding of negligence by defendant.

- When the defendant could have avoided collision by turning to left, failure to turn was negligence. When, under the allegations of the petition, the defendant by defendant's asserted negligence in traveling at an illegal and excessive speed while approaching an intersection and in failing to maintain a vigilant lookout produced a condition of danger of imminent collision with the plaintiff's auto which could have been averted by defendant's turning to the left side of the roadway, the defendant's failure to turn under the alleged conditions was a proper specification of negligence, notwithstanding the provisions of Ga. L. 1953, Nov.-Dec. Sess., p. 556. Fisher v. Temple, 109 Ga. App. 859, 137 S.E.2d 545 (1964).

Cited in Lott v. Smith, 153 Ga. App. 365, 265 S.E.2d 291 (1980); Gray v. State, 156 Ga. App. 117, 274 S.E.2d 115 (1980); Whitehead v. Cogar, 180 Ga. App. 812, 350 S.E.2d 821 (1986); Worthy v. Kendall, 222 Ga. App. 324, 474 S.E.2d 627 (1996).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 251, 252.

C.J.S.

- 60A C.J.S., Motor Vehicles, §§ 652, 659 et seq.

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.

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.

Construction, applicability, and effect of traffic regulation prohibiting vehicles from passing one another at street or highway intersection, 53 A.L.R.2d 850.

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