2020 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 8 - Equipment and Inspection of Motor Vehicles
Article 1 - Equipment Generally
Part 1 - General Provisions
§ 40-8-7. Driving Unsafe or Improperly Equipped Vehicle; Punishment for Violations of Chapter Generally; Vehicle Inspection by Law Enforcement Officer Without Warrant

1. No person shall drive or move on any highway any motor vehicle, trailer, semitrailer, or pole trailer, or any combination thereof, unless the equipment upon any and every such vehicle is in good working order and adjustment as required in this chapter and the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.
2. It is a misdemeanor for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any street or highway any vehicle or combination of vehicles:
   1. Which is in such unsafe condition as to endanger any person;
   2. Which does not contain those parts or is not at all times equipped with such lights and other equipment in proper condition and adjustment as required in this chapter; or
   3. Which is equipped in any manner in violation of this chapter.
3. It is also a misdemeanor for any person to do any act forbidden or fail to perform any act required under this chapter.
4. Any vehicle suspected of being operated in violation of this article may be the subject of an inspection conducted by any law enforcement officer who has reason to believe such violation is occurring, without the necessity of obtaining a warrant to permit such inspection.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 102, 123; Ga. L. 1963, p. 333, § 1; Code 1933, § 68E-107, enacted by Ga. L. 1982, p. 165, § 4; Code 1981, §40-8-7, enacted by Ga. L. 1982, p. 165, § 10; Ga. L. 1994, p. 97, § 40.)

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 68-1723 are included in the annotations for this Code section.

- Once a vehicle has been declared unsafe, a misdemeanor citation may be issued each time the vehicle is found moving on the highways for purposes other than effecting the requisite repairs. 1974 Op. Att'y Gen. No. 74-31 (decided under former Code 1933, § 68-1723).

- Citations may be issued not only to the driver of an unsafe school bus but also to any person who knew the school bus to be in an unsafe condition and yet ordered or directed the driver to take the bus upon the highways, and to the owner of the school bus if such owner knew of the unsafe condition and yet permitted continued operation of the school bus. 1974 Op. Att'y Gen. No. 74-31 (decided under former Code 1933, § 68-1723).

- Retailer of motor scooters must comply with the inspection requirements of former Code 1933, § 1723 prior to shipment or sale of such motor scooters to a purchaser. 1968 Op. Att'y Gen. No. 68-91 (decided under former Code 1933, § 68-1723).

RESEARCH REFERENCES

Am. Jur. 2d.

- 8 Am. Jur. 2d, Automobiles and Highway Traffic, § 717.

- 61A C.J.S., Motor Vehicles, §§ 1504 et seq., 1639, 1640.

- Contributory negligence of driver or occupant of motor vehicle driven without lights or with defective or inadequate lights, 67 A.L.R.2d 118; 62 A.L.R.3d 560; 62 A.L.R.3d 771; 62 A.L.R.3d 844.

Liability or recovery in automobile negligence action as affected by absence or insufficiency of lights on parked or standing motor vehicle, 61 A.L.R.3d 13.