O.C.G.A.

O.C.G.A. § 40-8-181 (2019)

Visible emissions from vehicles on public roadways prohibited; exceptions

✓ 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) 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 transmis536

sion 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. (b) 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. (c) Subsections (a) and (b) of this Code section shall not apply to the normal discharge of condensed water vapor.

History

(Ga. L. 1971, p. 186, § 2.)

Annotations

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.

Notes of Decisions

Cited in 1 case, 1996–1996 · leading case: Raulerson v. State, 479 S.E.2d 386 (Ga. Ct. App. 1996).

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Raulerson v. State, 479 S.E.2d 386 (Ga. Ct. App. 1996). · cites it 4× “Nonetheless, the State argues that Trooper Rogers was justified in stopping defendant because defendant’s slow speed impeded the flow of traffic in violation of OCGA § 40-6-184 (a) (1) and because “visible exhaust” from defendant’s old Mercedes Benz diesel automobile violated…”

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.