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

O.C.G.A. § 40-8-54 (2019)

Maintenance

✓ 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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All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

History

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 115; Code 1933, § 68E-305, enacted by Ga. L. 1982, p. 165, § 4; Code 1981, § 40-8-54, enacted by Ga. L. 1982, p. 165, § 10.)

Annotations

JUDICIAL DECISIONS Lack of maintenance program for school bus. - When an owner was operating a used bus (particularly one whose past maintenance history was unknown) as a school bus, whether the owner had exercised ordinary diligence if the owner failed to establish an effective maintenance program to replace periodically all

deteriorating brake parts was a genuine issue of material fact sufficient to preclude summary judgment for the owner. Kirby v. Spate, 214 Ga. App. 433, 448 S.E.2d 7 (1994). Cited in Eastern Dehydrating Co. v. Brown, 112 Ga. App. 349, 145 S.E.2d 274 (1965).

PART 4 HORNS, EXHAUST SYSTEMS, MIRRORS, WINDSHIELDS, TIRES, SAFETY BELTS, ENERGY ABSORPTION SYSTEMS RESEARCH REFERENCES Am. Jur. Proof of Facts. - Defective Tire, 39 POF2d 209. Crashworthiness of Motor Vehicle - Defective Automobile Seatbelts, 4 POF3d 131. Crashworthiness of Motor Vehicle - Defective Airbag System, 21 POF3d 1. Defective Automobile Child Safety Restraint, 21 POF3d 115. Proof of Automobile Design Defect, 59 POF3d 73. Proof of Injury Resulting from Defects in Child Safety Seat, 77 POF3d 85.

Am. Jur. Trials. - Defective Tire Litigation, 34 Am. Jur. Trials 603. The Seatbelt Defense, 35 Am. Jur. Trials 349. Auto Product Liability: Defective Door Latch, 36 Am. Jur. Trials 339. Auto Product Liability: Defective Seatbelt, 37 Am. Jur. Trials 401. Automobile Airbag Malfunction Litigation: Practice and Strategy, 83 Am. Jur. Trials 1.

Notes of Decisions
Cited in 1 case, 1994–1994 · leading case: Kirby v. Spate, 448 S.E.2d 7 (Ga. Ct. App. 1994).
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Kirby v. Spate, 448 S.E.2d 7 (Ga. Ct. App. 1994). · cites it 2× “OCGA § 40-8-54 pertinently provides that “[a]ll brakes shall be maintained in good working order.”
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