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2018 Georgia Code 40-8-70 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-8-70 Case Law from Google Scholar Amendments to OCGA 40-8-70

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

40-8-70. Horns and warning devices.

  1. Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall, when it is reasonably necessary to ensure safe operation, give audible warning with his or her horn but shall not otherwise use such horn when upon a highway.
  2. No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell except as otherwise permitted in this Code section and Code Section 40-8-94.
  3. No vehicle shall be equipped with a theft alarm signal device which is so arranged that it can be used by the driver as an ordinary warning signal.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 116; Code 1933, § 68E-401, enacted by Ga. L. 1982, p. 165, § 4; Code 1981, §40-8-70, enacted by Ga. L. 1982, p. 165, § 10; Ga. L. 2001, p. 4, § 40.)

JUDICIAL DECISIONS

Failure to blow horn may be negligence.

- Driver who is conscious of the presence of a pedestrian in the street may be found negligent in failing to blow the horn or give such other warning of the approach of the automobile as may be reasonably necessary. Lott v. Herrin, 120 Ga. App. 796, 172 S.E.2d 203 (1969).

Unlawful siren use not negligence per se.

- In a negligence action arising out of a motor vehicle collision, the defendant's unlawful use of a siren was not negligence per se. There had to be evidence of a causal relationship between the defendant's failure to obtain a permit for the siren and the collision. Pryor v. Phillips, 222 Ga. App. 116, 473 S.E.2d 535 (1996).

Cited in Collins v. Alewine, 102 Ga. App. 172, 115 S.E.2d 721 (1960); Myers v. Pearce, 102 Ga. App. 235, 115 S.E.2d 842 (1960); Marsh v. Hargrove, 103 Ga. App. 264, 118 S.E.2d 866 (1961); Grayson v. Yarbrough, 103 Ga. App. 243, 119 S.E.2d 41 (1961); Fuller v. Self, 107 Ga. App. 664, 131 S.E.2d 241 (1963); Hughes v. Brown, 111 Ga. App. 676, 143 S.E.2d 30 (1965); Howard v. Hall, 112 Ga. App. 247, 145 S.E.2d 70 (1965); Bennett v. Haley, 132 Ga. App. 512, 208 S.E.2d 302 (1974); Blizzard v. Bennett, 143 Ga. App. 568, 239 S.E.2d 223 (1977); Hurst v. J.P. Colley Contractors, 167 Ga. App. 56, 306 S.E.2d 54 (1983); Frasard v. State, 278 Ga. App. 352, 629 S.E.2d 53 (2006).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 201. 8 Am. Jur. 2d, Automobiles and Highway Traffic, § 597.

C.J.S.

- 60 C.J.S., Motor Vehicles, § 43 et seq. 60A C.J.S., Motor Vehicles, § 623. 61 C.J.S., Motor Vehicles, § 1208.

ALR.

- Automobiles: duty and liability with respect to giving audible signal at intersection, 21 A.L.R.3d 268.

Automobiles: duty and liability with respect to giving audible signal before passing, 22 A.L.R.3d 325.

Automobiles: duty and liability with respect to giving audible signal upon approaching pedestrian, 24 A.L.R.3d 183.

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