2025 Code of Georgia
Title 40 - Motor Vehicles and Traffic (Chs. 1 — 16)
Chapter 1 - Identification and Regulation (Arts. 1 — 3)
Annotations
Notes
Editor’s notes.Since the purpose of Ga. L. 1990, p. 2048, was to “revise, reorganize, modernize, consolidate, and clarify” laws relating to certain aspects of the motor vehicle code, wherever it was possible to do so, other Acts amending Title 40 were construed in conjunction with Ga. L. 1990, p. 2048. This construction particularly includes Acts amending a given Code section when the Code section was later renumbered or redesignated by Ga. L. 1990, p. 2048.
JUDICIAL DECISIONS
Chapter applicable to self-propelled vehicles over public highways and roads. —Licensing and regulating statutes as are now contained in the motor vehicle law only apply as to those vehicles that are capable of being operated generally over the public highways and roads of this state by reason of their own self-propelled mechanical power, and not to those vehicles whose orbit of operation is limited to the length of a trolley wire constructed and maintained under a franchise. Thompson v. Georgia Power Co., 73 Ga. App. 587, 37 S. E.2d 622, 1946 Ga. App. LEXIS 366 (1946).
Civil recovery not necessarily precluded by violation of provisions. —Fact that the decedent was driving an automobile in violation of the statutes regulating the use of motor vehicles would not necessarily preclude any sort of civil recovery. Seaboard Air Line Ry. v. Benton, 43 Ga. App. 495, 159 S. E. 717, 1931 Ga. App. LEXIS 445 (1931), rev'd, 175 Ga. 491, 165 S. E. 593, 1932 Ga. LEXIS 279 (1932).
Opinion Notes
OPINIONS OF THE ATTORNEY GENERALConstable can make arrests for violations of the motor vehicle and traffic law; if a constable made such arrests, the constable would do so at the constable’s own expense and would be entitled to no fees. 1968 Op. Att’y Gen. No. 68-324 (but see O. C. G. A. § 15-10-103).
Research References & Practice Aids
Cross references.Exemption for transit service buses, motor vehicles, and rapid rail systems from requirements relating to identification and regulation of motor vehicles, § 32-10-63.1.
RESEARCH REFERENCES ALR.Motorcycle as within contract, statute, or ordinance in relation to motor cars, motor-driven cars, etc., 48 A. L. R. 1090; 70 A. L. R. 1253.
Liability for killing or injuring, by motor vehicle, livestock or fowl on highway, 55 A. L. R.4th 822.
Hierarchy Notes:O. C. G. A. Title 40
