2021 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 6 - Uniform Rules of the Road
Article 6 - Turning, Starting, Signaling
§ 40-6-120. Methods of Turning at Intersections

The driver of a vehicle intending to turn at an intersection shall do so as follows:

1. Right turn. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway;
2. Left turn. (A) As used in this paragraph, the term "extreme left-hand lane" means the lane furthest to the left that is lawfully available to traffic moving in the same direction as the turning vehicle. In the event of multiple lanes, the second extreme left-hand lane shall be the lane to the right of the extreme left-hand lane that is lawfully available to traffic moving in the same direction as the turning vehicle. The third extreme left-hand lane shall be the lane to the right of the second extreme left-hand lane and so forth.
   1. The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the turning vehicle. Whenever practicable, the left turn shall be made to the left of the center of the intersection and so as to exit the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as the turning vehicle on the roadway being entered.
   2. In the event of multiple left turn lanes, the driver of a vehicle turning left shall exit the intersection in the same relative travel lane as the vehicle entered the intersection. If the vehicle is in the second extreme left-hand lane entering the intersection, the vehicle shall exit the intersection in the second extreme left-hand lane. Where there are multiple lanes of travel in the same direction safe for travel, a vehicle shall not be permitted to make a lane change once the intersection has been entered.

(Code 1981, §40-6-120, enacted by Ga. L. 2010, p. 256, § 1/HB 1231; Ga. L. 2011, p. 752, § 40/HB 142.)

- Ga. L. 2010, p. 256, § 1/HB 1231, effective July 1, 2010, repealed former Code Section 40-6-120, pertaining to required position and methods of turning at intersections, and traffic-control devices, and enacted the present Code section. The former Code section was based on Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 66; Code 1933, § 68A-601, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5.

Ga. L. 2010, p. 256, § 5/HB 1231, not codified by the General Assembly, provides that the enactment by that Act shall apply to all offenses committed on or after July 1, 2010.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 68A-601 and former O.C.G.A. § 40-6-120, are included in the annotations for this Code section.

- Area within which private driveway or private way joins with public road is not "intersection" as defined by law. Howard v. Hall, 112 Ga. App. 247, 145 S.E.2d 70 (1965) (decided under former law).

- In light of the conflict in the language of former O.C.G.A. § 40-6-120(a)(2), a person of common intelligence could not determine with reasonable definiteness that the statute prohibited the making of a left turn into the right lane of a multi-lane roadway. Accordingly, former § 40-6-120(a)(2) was too vague to be enforced against a driver of a vehicle making a left turn into a multi-lane roadway that lacked official traffic-control devices directing the driver into which lane to turn and was, therefore, unconstitutional under the due process clauses of the Georgia and United States Constitutions. McNair v. State, 285 Ga. 514, 678 S.E.2d 69 (2009) (decided under former O.C.G.A. § 40-6-120).

- Since former O.C.G.A. § 40-6-120 was substantially the same as former Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 66, which was not applicable to a turn made from a public highway into a private driveway, its charge in such instances was error. Hill v. Yara Eng'g Co., 157 Ga. App. 281, 277 S.E.2d 256 (1981).

- Turns should be made from the roadway, but more particularly, in compliance with the patterns established by the markings (official traffic control devices) on the road. State v. Williams, 156 Ga. App. 813, 275 S.E.2d 133 (1980) (decided under Ga. L. 1974, p. 633, § 1).

Driver who is turning as directed by a traffic control device was not relieved from complying with other rules of the road, such as signaling or maintaining a diligent lookout. Richardson v. Chesky, 235 Ga. App. 28, 508 S.E.2d 441 (1998) (decided under former O.C.G.A. § 40-6-120).

- When the defendant in the defendant's vehicle proceeded along the emergency lane and turned therefrom, despite the presence of a solid white line indicating the end of the emergency lane, prior to the defendant's entry into the intersection, the officer was justified in stopping the defendant for making an improper right turn. State v. Williams, 156 Ga. App. 813, 275 S.E.2d 133 (1980) (decided under Ga. L. 1974, p. 633, § 1).

- Trial court did not err in finding that an officer's traffic stop was unreasonable and not based on the observation of an illegal right turn in violation of former O.C.G.A. § 40-6-120(a)(1), given evidence that the defendant activated the turn signal and checked for traffic behind the vehicle prior to turning right from a lane adjacent to the right-hand-turn lane. Therefore, evidence of the defendant's alcohol consumption taken after the officer's stop was properly suppressed. State v. Mincher, 313 Ga. App. 875, 723 S.E.2d 300 (2012) (decided under former O.C.G.A. § 40-6-120).

Officer's observation of an illegal left turn served to provide the officer with reasonable suspicion as a basis for the officer's initial encounter with the defendant. Welborn v. State, 232 Ga. App. 837, 503 S.E.2d 85 (1998) (decided under former O.C.G.A. § 40-6-120).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 243.

- 60 C.J.S., Motor Vehicles, §§ 53, 54, 56. 60A C.J.S., Motor Vehicles, §§ 609, 700, 703.

- Automobiles: cutting corners as negligence, 6 A.L.R. 321; 115 A.L.R. 1178.

Reciprocal duties of drivers of automobiles or other vehicles proceeding in the same direction, 24 A.L.R. 507; 47 A.L.R. 703; 62 A.L.R. 970; 104 A.L.R. 485.

Automobile crossing street at a point other than a street intersection, 57 A.L.R. 1106.

Rights and duties at intersection of arterial (or other favored) highway and nonfavored highway, 58 A.L.R. 1197; 81 A.L.R. 185.

Duty and liability of vehicle drivers approaching intersection of one-way street with other street, 62 A.L.R.2d 275.

What is a street or highway intersection within traffic rules, 7 A.L.R.3d 1204.