O.C.G.A. § 46-8-170 (2019)
Equipping locomotives with signal bells, signal whistles, horns, or headlights
(a) Each locomotive operated on the line of any railway in this state shall be equipped with a signal bell and a signal whistle or horn. In addition, every railroad company shall equip each locomotive used on its main line after dark with a good and sufficient headlight which shall consume not less than 300 watts at the arc, and with a reflector not less than 23 inches in diameter, and shall keep the same in good condition.
(b) As used in this Code section, the term ‘‘main line’’ means all portions of the railway line not used solely as yards, spurs, and side tracks.
(c) This Code section shall not apply to tramroads, mill roads, and roads used principally for lumber or logging transportation in connection with mills.
(d) Any railroad company which violates this Code section shall be guilty of a misdemeanor.
History
(Ga. L. 1908, p. 50, §§ 1, 2, 4; Civil Code 1910, §§ 2697, 2698; Penal Code 1910, § 526; Ga. L. 1918, p. 212, § 1; Code 1933, §§ 94-505, 94-9901; Ga. L. 1950, p. 112, § 1.)
Annotations
JUDICIAL DECISIONS Constitutionality. - Former Civil Code 1910, §§ 2697 and 2698 (see O.C.G.A. § 46-8-170) was constitutional as it did not interfere with interstate commerce. Atlantic Coast Line R.R. v. Georgia, 234 U.S. 280, 34 S. Ct. 829, 58 L. Ed. 1312 (1914). Term ‘‘locomotive’’ construed. - Term ‘‘locomotive’’ as used in former Code 1933, §§ 94-505, 94-507, 94-9901 and 94-9903 (see O.C.G.A. §§ 46-8-170 and 46-8-191 did not apply to gasoline motor bus operated by railroad company on its tracks. Gainesville M.R.R. v. Allen, 72 Ga. App. 736, 35 S.E.2d 12 (1945). Term ‘‘railroad company’’ construed. - Term ‘‘railroad company’’ employed in Ga. L. 1908, p. 50, included natural persons as well as corporations. Atlantic Coast Line R.R. v. State, 135 Ga. 545, 69 S.E. 725, 32 L.R.A. (n.s.) 20 (1910), aff ’d, 234 U.S. 280, 34 S. Ct. 829, 58 L. Ed. 1312 (1914). Elements of violation. - Before it can be said that a railroad has violated former Code 1933, §§ 94-505 and 94-9901 (see O.C.G.A.
§ 46-8-170), it must be shown that it operated a locomotive over a main line, between sunset and sunrise, without the lights prescribed therein. Cosper v. Atlantic Coast Line R.R., 85 Ga. App. 683, 69 S.E.2d 886 (1952). Applicability to trains approaching crossings and persons using crossings. - Insofar as it limits speed of trains Ga. L. 1918, p. 212, § 1 (see O.C.G.A. § 46-8-170) applied only when trains are approaching crossings, and was designed to protect people from injury to person and property only when using the crossings. Harrison v. Central of Ga. Ry., 44 Ga. App. 167, 160 S.E. 694 (1931). Cited in Mann v. Central of Ga. Ry., 43 Ga. App. 708, 160 S.E. 131 (1931); Harrison v. Central of Ga. Ry., 44 Ga. App. 167, 160 S.E. 694 (1931); Georgia R.R. & Banking Co. v. Farmer, 45 Ga. App. 130, 164 S.E. 71 (1932); Hatcock v. Georgia N. Ry., 90 Ga. App. 533, 83 S.E.2d 329 (1954); Western & Atl. R.R. v. Hart, 95 Ga. App. 810, 99 S.E.2d 302 (1957).
RESEARCH REFERENCES ALR. - Validity and construction of railroad stop statute, 2 ALR 156. Liability of railroad company for injury to live stock frightened by headlight, 29 ALR 1546.
Customary or statutory signal from train as measure of railroad’s duty as to warning at highway crossing, 5 ALR2d 112.