O.C.G.A.
O.C.G.A.

O.C.G.A. § 40-8-22 (2019)

Headlights

✓ 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) Every motor vehicle other than a motorcycle or motor driven cycle shall be equipped with at least two but not more than four headlights, with at least one on each side of the front of the motor vehicle, which headlights shall comply with the requirements and limitations set forth in this article. (b) Every motorcycle and every motor driven cycle shall be equipped with at least one and not more than two headlights, which shall comply with the requirements and limitations of this article. (c) Every headlight upon every motor vehicle, including every motorcycle and motor driven cycle, shall be located at a height measured from the center of the headlight of not more than 54 inches nor less than 24 inches, to be measured as set forth in subsection (b) of Code Section (d) The headlights required by this Code section shall be maintained in proper working condition and shall not be covered by any type of material, provided that the covering restriction shall not apply to any vehicle on which the original factory headlights were covered. (e) It shall be unlawful to operate a motor vehicle unless such motor vehicle is equipped with aiming pads on each headlight.

History

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 105; Ga. L. 1957, p. 616, § 1; Code 1933, § 68E-203, enacted by Ga. L. 1982, p. 165, § 4; Code 1981, § 40-8-22, enacted by Ga. L. 1982, p. 165, § 10; Ga. L. 1992, p. 2785, § 26.)

Annotations

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1991, ‘‘motor

driven’’ was substituted for ‘‘motor-driven’’ in subsections (a), (b), and (c).

JUDICIAL DECISIONS Jury instructions. - Since the defendant specifically requested a jury instruction at a trial on maintaining headlights in proper working order, the defendant specifically waived the right on appeal to enumerate that request as error. Keller v. State, 271 Ga. App. 79, 608 S.E.2d 697 (2004).

When a driver collided with a second driver’s stalled truck, it was error for the trial court to instruct the jury on negligence per se in relation to O.C.G.A. § 40-6-202 as the charge was not supported by the evidence; the highway was in a rural area, the second driver had not been driving without lights, but lost illu-

mination when the vehicle’s engine failed, and there was no evidence that the second driver ‘‘parked’’ the truck, but that the truck came to a stop of the truck’s own volition. White v. Scott, 284 Ga. App. 87, 643 S.E.2d 356 (2007).

Cited in Fields v. Jackson, 102 Ga. App. 117, 115 S.E.2d 877 (1960); State v. Hammang, 249 Ga. App. 811, 549 S.E.2d 440 (2001).

OPINIONS OF THE ATTORNEY GENERAL More than two headlights on a vehicle. - It was anticipated by the legislature in Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 105 (see now O.C.G.A. § 40-8-22)

that motor vehicles could be equipped with more than two headlamps (now headlights). 1954-56 Op. Att’y Gen. p. 469.

RESEARCH REFERENCES Am. Jur. 2d. - 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 205, 207. Am. Jur. Proof of Facts. - Defective or Improperly Operated Headlights, 22 POF2d 173. C.J.S. - 60 C.J.S., Motor Vehicles, § 43 et seq. 60A C.J.S., Motor Vehicles, § 630 et seq.

ALR. - Validity and construction of regulations as to automobile lights, 78 A.L.R. 815. Liability or recovery in automobile negligence action arising out of collision or upset as affected by operation of vehicle without front lights, or with improper front lights, 62 A.L.R.3d 560.

Notes of Decisions
Cited in 9 cases, 1994–2019 · leading case: Keller v. State, 608 S.E.2d 697 (Ga. Ct. App. 2004).
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Keller v. State, 608 S.E.2d 697 (Ga. Ct. App. 2004). · cites it 8× “He first argues that the court erred in charging the jury on the improper equipment violation, because the charge was based upon OCGA § 40-8-22, which requires that headlights be maintained in proper working order, instead of OCGA § 40-8-20, which sets forth when headlights must…”
State v. Hammang, 549 S.E.2d 440 (Ga. Ct. App. 2001). · cites it 2× “02 percent blood alcohol content while under the age of twenty-one (OCGA § 40-6-391 (k) ), and driving without her headlights on (OCGA § 40-8-22). The arresting officer testified that he stopped Hammang because he saw her drive through a poorly lit intersection without her…”
Duncan v. State, 699 S.E.2d 341 (Ga. Ct. App. 2010). · cites it 2× “6 OCGA § 40-8-22. 7 (Punctuation omitted.) Duren v.”
Hines v. State, 448 S.E.2d 226 (Ga. Ct. App. 1994). · cites it 2× “See OCGA §§ 40-8-22 (a); 40-8-73 (a). Therefore, Officer Stephens acted reasonably in stopping the vehicle.”
Harkins v. Progressive Gulf Ins., 586 S.E.2d 1 (Ga. Ct. App. 2003). · cites it 2× “16 OCGA § 40-8-22 (b). 17 OCGA §§ 40-1-1 (29), (33); 40-8-23 (a).”
Dixon v. State, 609 S.E.2d 148 (Ga. Ct. App. 2005). · cites it 2× “3 OCGA § 40-8-22. 4 OCGA §40-8-23. 5 OCGA § 40-8-24.”
Johnson v. State, 676 S.E.2d 884 (Ga. Ct. App. 2009). · cites it 2× “Following a stipulated bench trial, Randy Johnson was convicted of possession of cocaine with intent to distribute (OCGA § 16-13-30) and a headlight violation (OCGA § 40-8-22) and acquitted of driving with a suspended license (OCGA § 40-5-121).”
Morris v. the State, 769 S.E.2d 163 (Ga. Ct. App. 2015). · cites it 2× “Following a jury trial, Johnny David Morris was convicted of driving under the influence (“DUI”) less safe (OCGA § 40-6-391), driving too fast for conditions (OCGA § 40-6-180), failing to use brake lights (OCGA § 40-8-25), failing to use headlights (OCGA § 40-8-22), and a window…”
Evans v. The State., 824 S.E.2d 708 (Ga. Ct. App. 2019). · cites it 2× “Evans was convicted of the misdemeanor offenses of driving under the influence - less safe ( OCGA § 40-6-391 (a) (1) ) and operating a motor vehicle with defective or no headlights ( OCGA § 40-8-22 ). 1 The trial court sentenced Evans to consecutive terms of 12 months'…”
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.