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2018 Georgia Code 40-8-26 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-8-26 Case Law from Google Scholar Amendments to OCGA 40-8-26

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 8. Equipment and Inspection of Motor Vehicles, 40-8-1 through 40-8-291.

ARTICLE 1 EQUIPMENT GENERALLY

40-8-26. Standards for brake lights and signal devices.

  1. Any motor vehicle may be equipped and when required under this article shall be equipped with the following signal lights or devices:
    1. A brake light on the rear which shall emit a red light and which shall be actuated upon application of the service (foot) brake and which may but need not be incorporated with a taillight; and
    2. A light or lights or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible from both the front and the rear.
  2. Every brake light shall be plainly visible and understandable from a distance of 300 feet to the rear both during normal sunlight and at nighttime, and every signal light or lights indicating intention to turn shall be visible and understandable during daytime and nighttime from a distance of 300 feet from both the front and the rear. When a vehicle is equipped with a brake light or other signal lights, such light or lights shall at all times be maintained in good working condition. No brake light or signal light shall project a glaring or dazzling light.
  3. All mechanical signal devices shall be self-illuminated when in use at the times mentioned in Code Section 40-8-20.
  4. All lenses on brake lights and signal devices shall be maintained in good repair and shall meet manufacturers' specifications.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 112; Code 1933, § 68E-207, enacted by Ga. L. 1982, p. 165, § 4; Code 1981, §40-8-26, enacted by Ga. L. 1982, p. 165, § 10.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1991, "taillight" was substituted for "tail light" in paragraph (a)(1).

JUDICIAL DECISIONS

No conflict with

§ 40-6-124(b). - There is no conflict between O.C.G.A. § 40-8-26, which requires the maintenance in good order of signal devices on all motor vehicles, and O.C.G.A. § 40-6-124(b), which excuses from that requirement vehicles of a certain size. Stubbs v. State, 193 Ga. App. 342, 387 S.E.2d 619 (1989).

Violation provided probable cause for investigatory stop.

- Officer's observation of a three-inch crack in the taillight and a hole in the lens of the defendant's car provided the officer with a valid basis for an investigatory stop. Loveless v. State, 337 Ga. App. 894, 789 S.E.2d 244 (2016).

Punishment for violation.

- Fine of $1,000 for a brake light violation was not excessive. Bowen v. State, 237 Ga. App. 597, 516 S.E.2d 311 (1999).

Cited in Williams v. Herr, 112 Ga. App. 529, 145 S.E.2d 639 (1965); Shirey v. Woods, 118 Ga. App. 851, 165 S.E.2d 891 (1968); State v. Warren, 242 Ga. App. 605, 530 S.E.2d 515 (2000); Lancaster v. State, 261 Ga. App. 348, 582 S.E.2d 513 (2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 201.

C.J.S.

- 60 C.J.S., Motor Vehicles, § 43 et seq. 60A C.J.S., Motor Vehicles, § 630 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.

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