2020 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 8 - Equipment and Inspection of Motor Vehicles
Article 1 - Equipment Generally
Part 2 - Lighting Equipment
§ 40-8-28. Lights on Parked Vehicles

1. When a vehicle is lawfully parked upon a street or highway during the hours between a half-hour after sunset and a half-hour before sunrise, and there is sufficient light to reveal any person or object within a distance of 500 feet upon such street or highway, no lights need be displayed upon such parked vehicle.
2. When a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half-hour after sunset and a half-hour before sunrise and there is not sufficient light to reveal any person or object within a distance of 500 feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more lights meeting the following requirements: at least one light shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle, and the same light or at least one other light shall display a red light visible from a distance of 500 feet to the rear of the vehicle; and the location of such light or lights shall always be such that at least one light or combination of lights meeting the requirements of this Code section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. This subsection shall not apply to a motor driven cycle.
3. If a vehicle is manufactured with two lights meeting the requirements of subsection (b) of this Code section, both such lights shall be maintained in good working order.
4. Any lighted headlights upon a parked vehicle shall be depressed or dimmed.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 110; Code 1933, § 68E-209, enacted by Ga. L. 1982, p. 165, § 4; Code 1981, §40-8-28, enacted by Ga. L. 1982, p. 165, § 10.)

- Pursuant to Code Section 28-9-5, in 1991, "half-hour" was substituted for "half hour" in subsections (a) and (b) and "motor driven" was substituted for "motor-driven" in the last sentence of subsection (b).

JUDICIAL DECISIONS

Negligence per se instruction not supported by evidence.

- When a driver collided with a second driver's stalled truck, it was error for the trial court to instruct the jury on negligence per se in relation to O.C.G.A. § 40-6-202 as the charge was not supported by the evidence; the highway was in a rural area, the second driver had not been driving without lights, but lost illumination when the vehicle's engine failed, and there was no evidence that the second driver "parked" the truck, but that the truck came to a stop of the truck's own volition. White v. Scott, 284 Ga. App. 87, 643 S.E.2d 356 (2007).

Cited in Reynolds v. Rentz, 98 Ga. App. 4, 104 S.E.2d 608 (1958); Brock v. Avery Co., 99 Ga. App. 881, 110 S.E.2d 122 (1959); Beadles v. Smith, 106 Ga. App. 31, 126 S.E.2d 250 (1962); Beadles v. Bowen, 106 Ga. App. 34, 126 S.E.2d 254 (1962); National Upholstery Co. v. Padgett, 108 Ga. App. 857, 134 S.E.2d 856 (1964); Kibbey Chevrolet, Inc. v. Anderson, 111 Ga. App. 90, 140 S.E.2d 564 (1965); National Upholstery Co. v. Padgett, 111 Ga. App. 842, 143 S.E.2d 494 (1965); Crosby Aeromarine, Inc. v. Hyde, 115 Ga. App. 836, 156 S.E.2d 106 (1967); Grubbs v. Duskin, 118 Ga. App. 82, 162 S.E.2d 762 (1968); Skinner v. Medlock, 119 Ga. App. 140, 166 S.E.2d 373 (1969); Hyde v. Crosby Aeromarine, Inc., 119 Ga. App. 560, 167 S.E.2d 614 (1969); Davis v. Southland Auto Salvage, Inc., 138 Ga. App. 571, 226 S.E.2d 749 (1976).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 201, 208. 8 Am. Jur. 2d, Automobiles and Highway Traffic, §§ 762, 876 et seq.

- 60A C.J.S., Motor Vehicles, §§ 774, 775, 778, 779. 61 C.J.S., Motor Vehicles, §§ 1216, 1219, 1317, 1344, 1345, 1369.

- 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.

Liability or recovery in automobile negligence action as affected by motor vehicles being driven or parked without dimming lights, 63 A.L.R.3d 824.