O.C.G.A.

O.C.G.A. § 40-8-90 (2019)

Restrictions on use of blue lights on vehicles

✓ 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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(a)(1) Except as provided in this paragraph and subsection (b) of this Code section, it shall be unlawful for any person, firm, or corporation to operate any motor vehicle equipped with or containing a device capable of producing any blue lights, whether flashing, blinking, revolving, or stationary, except: (A) Motor vehicles owned or leased by any federal, state, or local law enforcement agency; (B) Motor vehicles with a permit granted by a state agency to bear such lights; or (C) Antique, hobby, and special interest vehicles, as defined in paragraph (8) of subsection (l) of Code Section 40-2-86.1, which may display a blue light or lights of up to one inch in diameter as part of any such vehicle’s rear stop lamps, rear turning indicator, rear hazard lamps, and rear reflectors. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor.

(b) The prohibition contained in subsection (a) of this Code section shall not apply to any elected sheriff who, pursuant to an agreement between the sheriff and the county governing authority, is using his or her personal motor vehicle in a law enforcement activity, provided such vehicle is marked as provided in Code Section 40-8-91. (c) It shall be unlawful for any person to use any motor vehicle equipped with flashing, blinking, revolving, or stationary blue lights in the commission of a felony, and, upon conviction of a violation of this subsection, the punishment shall be a fine of not less than $1,000.00 or imprisonment of not less than one year, or both.

History

(Ga. L. 1966, p. 208, § 1; Ga. L. 1971, p. 781, § 1; Ga. L. 1972, p. 1092, § 1; Ga. L. 1977, p. 1012, § 1; Ga. L. 1984, p. 1193, § 1; Ga. L. 1985, p. 149, § 40; Ga. L. 1992, p. 1287, § 1; Ga. L. 2005, p. 1026, § 1/SB 178; Ga. L. 2010, p. 9, § 1-82/HB 1055.)

Annotations

Editor’s notes. - Ga. L. 2005, p. 1026, § 2/SB 178, not codified by the General Assembly, provides that the 2005 amend-

ment applies to offenses occurring on or after July 1, 2005.

OPINIONS OF THE ATTORNEY GENERAL Fingerprinting required for violators. - O.C.G.A. § 40-8-90 is an offense for which those charged with a violation

are to be fingerprinted. 2006 Op. Att’y Gen. No. 2006-2.

RESEARCH REFERENCES C.J.S. - 60 C.J.S., Motor Vehicles, § 43 et seq.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1986–2024 · leading case: State v. Trammel, 606 S.E.2d 613 (Ga. Ct. App. 2004).

Sort: Relevance Newest Treatment

State v. Trammel, 606 S.E.2d 613 (Ga. Ct. App. 2004). · cites it 2× “When the officer pulled the vehicle over, he observed that Trammel and a female companion were both situated in the center portion of the car. By the time that the officer got to the vehicle, the female companion was in the driver’s seat and Trammel was in the passenger’s seat.”

Parks v. Assocs. Com. Corp., 351 S.E.2d 661 (Ga. Ct. App. 1986). · cites it 2× “Appellants’ claim for wrongful repossession is based in part on the Peach State representatives’ alleged “impersonation” of police officers in violation of OCGA § 16-10-23 and wrongful display of a flashing or revolving blue light in violation of OCGA § 40-8-90. Since these acts…”

Ussery v. Houston Cnty. Georgia (M.D. Ga. 2024). · cites it 8× “§ 40-8-23; and (4) unlawful use of blue lights, in violation of O.C.G.A. § 40-8-90. Doc. 1-13 at 7-8. Ussery pled guilty to counts one and three and counts two and four were dismissed.”

— 40-8-90(a)(1) — 1 case

Ussery v. Houston Cnty. Georgia (M.D. Ga. 2024). “§ 40-8-23; and (4) unlawful use of blue lights, in violation of O.C.G.A. § 40-8-90. Doc. 1-13 at 7-8. Ussery pled guilty to counts one and three and counts two and four were dismissed.”

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.