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2018 Georgia Code 40-8-73 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-8-73 Case Law from Google Scholar Amendments to OCGA 40-8-73

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

40-8-73. Windshields and windshield wipers.

  1. No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side windows, or rear windows of such vehicle which obstructs the driver's clear view of the highway or any intersecting highway.
  2. The windshield of every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture therefrom, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
  3. Every windshield wiper upon a motor vehicle shall be maintained in good working order.
  4. No opaque or solid material including, but not limited to, cardboard, plastic, and taped glass shall be employed in lieu of a glass windshield or window.
  5. No motor vehicle shall be operated with a windshield or rear window having a starburst or spider webbing effect greater than three inches by three inches.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 119; Code 1933, § 68E-404, enacted by Ga. L. 1982, p. 165, § 4; Code 1981, §40-8-73, enacted by Ga. L. 1982, p. 165, § 10.)

JUDICIAL DECISIONS

Violation justified traffic stop.

- Traffic stop was justified when officers noticed that a defendant's car had a ten-inch "starburst" crack in the car's windshield; under O.C.G.A. § 40-8-73(e), a vehicle was not to be operated with a windshield or rear window having a starburst or spider webbing effect greater than three inches by three inches. Glenn v. State, 285 Ga. App. 872, 648 S.E.2d 177 (2007).

Cited in Vickers v. State, 234 Ga. App. 563, 507 S.E.2d 810 (1998); Darby v. State, 239 Ga. App. 492, 521 S.E.2d 438 (1999); State v. Terrell, 327 Ga. App. 745, 761 S.E.2d 142 (2014).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 203, 317, 318. 8 Am. Jur. 2d, Automobiles and Highway Traffic, §§ 584, 768, 769, 871.

C.J.S.

- 60 C.J.S., Motor Vehicles, §§ 18, 43 et seq. 60A C.J.S., Motor Vehicles, §§ 623, 665, 676. 61 C.J.S., Motor Vehicles, § 951. 61A C.J.S., Motor Vehicles, § 1380.

ALR.

- Impairment of driver's view through windshield as affecting liability for automobile accident, 10 A.L.R. 299.

Motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam, 32 A.L.R.4th 933.

Cases Citing Georgia Code 40-8-73 From Courtlistener.com

Total Results: 1

Ciak v. State

Court: Supreme Court of Georgia | Date Filed: 2004-06-07

Citation: 597 S.E.2d 392, 278 Ga. 27, 2004 Fulton County D. Rep. 1909, 2004 Ga. LEXIS 468

Snippet: a challenge to the constitutionality of OCGA § 40-8-73.1, the statute governing the use of tinted automobile