TITLE 40
MOTOR VEHICLES AND TRAFFIC
Section 8. Equipment and Inspection of Motor Vehicles, 40-8-1 through 40-8-291.
ARTICLE 2
CONTROL OF VEHICLE EMISSIONS
40-8-181. Visible emissions from vehicles on public roadways prohibited; exceptions.
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It shall be unlawful for any person to operate on a public roadway of this state a diesel powered vehicle which discharges into the atmosphere visible emissions resulting in a decrease of light transmission beyond 30 percent, whether emitted from the crankcase, the exhaust system, or from any part of the power system; provided, however, that the light obscuring limitations prescribed in this subsection may be exceeded during periods of acceleration and deceleration not to exceed ten continuous seconds or 1,000 feet.
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It shall be unlawful for any person to operate on a public roadway of this state a gasoline powered vehicle which discharges into the atmosphere visible emissions resulting in a decrease of light transmission, whether emitted from the crankcase, the exhaust system, or from any part of the power system; provided, however, that the light obscuring limitation prescribed in this subsection may be exceeded for periods not to exceed ten continuous seconds or 1,000 feet.
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Subsections (a) and (b) of this Code section shall not apply to the normal discharge of condensed water vapor.
(Ga. L. 1971, p. 186, § 2.)
JUDICIAL DECISIONS
Stop of vehicle for violation was not justified
when there was no proof that the trooper was equipped with a light transmission gauge prescribed by O.C.G.A.
§
40-8-182. Raulerson v. State, 223 Ga. App. 556, 479 S.E.2d 386 (1996).
RESEARCH REFERENCES
C.J.S.
- 39A C.J.S., Health and Environment,
§
155.
