O.C.G.A.

O.C.G.A. § 40-8-29 (2019)

Spotlights, foglights, and auxiliary lights permitted

✓ 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.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) Any motor vehicle may be equipped with not to exceed one spotlight, and no lighted spotlight shall be aimed and used upon any approaching vehicle. It shall be unlawful for any person except law enforcement officers and persons licensed under Chapter 38 of Title 43 to operate a spotlight from any moving vehicle on any highway or public roadway. (b) Any motor vehicle may be equipped with not to exceed two foglights mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of four inches below the level of the center of the light from which it comes. (c) Any motor vehicle may be equipped with not to exceed one auxiliary passing light mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands, and every such auxiliary passing light shall meet the requirements and limitations set forth in this article. (d) Any motor vehicle may be equipped with not to exceed one auxiliary driving light mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands, and every such auxiliary driving light shall meet the requirements and limitations set forth in this article.

History

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 111; Code 1933, § 68E-210, enacted by Ga. L. 1982, p. 165, § 4; Code 1981, § 40-8-29, enacted by Ga. L. 1982, p. 165, § 10; Ga. L. 1983, p. 3, § 29; Ga. L. 1992, p. 6, § 40.)

Annotations

JUDICIAL DECISIONS Evidence insufficient to support conviction. - In the absence of any evidence indicating that it was the defendant, rather than the defendant’s passenger, who used the spotlight found under

the passenger’s feet, the evidence was insufficient to support a conviction for a violation of O.C.G.A. § 40-8-29(a). Firsanov v. State, 270 Ga. 873, 513 S.E.2d 184 (1999).

RESEARCH REFERENCES Am. Jur. 2d. - 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 205, 206.

C.J.S. - 60A C.J.S., Motor Vehicles, § 772 et seq.

Notes of Decisions

Cited in 2 cases, 1999–2005 · leading case: Firsanov v. State, 513 S.E.2d 184 (Ga. 1999).

Sort: Relevance Newest Treatment

Firsanov v. State, 513 S.E.2d 184 (Ga. 1999). · cites it 4× “04 pursuant to former OCGA § 40-6-391 (k); illegal use of a spotlight, OCGA § 40-8-29 (a); violation of the open container law, OCGA § 40-6-253 (b); and underage possession of alcohol, OCGA § 3-3-23 (a) (2).”

Dixon v. State, 609 S.E.2d 148 (Ga. Ct. App. 2005). · cites it 2× “OCGA § 40-8-29 (b) provides that “[a]ny motor vehicle may be equipped with not to exceed two foglights.”

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.