When Was The Move Over Law Passed In Georgia?
- Marvin Harvey
Move Over Law: Georgia Code, Title 40-6-16. – A. The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows: 1.
- Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or 2.
- If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.B.
The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows: 1.
Make a lane change into a lane not adjacent to the towing, recovery, or highway maintenance vehicle if possible in the existing safety and traffic conditions; or 2. If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.C,
Violation of subsection (a) or (b) of this Code section shall be punished by a fine of not more than $500.00. In the 2015-2016 Regular Session of the Georgia Generael Assembly, utility linemen were added to the above code section via House Bill 767, which includes the stipulations for the Move Over Law.
Who does Georgia’s Move Over Law apply to?
How does the “Move Over” Law make a difference? –
Thirty percent of all crashes occur as the result of another crash. Providing a buffer lane for these vehicles when parked on the roadway shoulder actually reduces the risk of another crash. When the required clearance is given to these types of vehicles, the margin of safety is increased, not only for public safety, emergency personnel, active sanitation workers, and utility service workers, but for motorists and their passengers as well.
When was the hands-free law passed in Georgia?
Drivers cannot have a phone in their hand or touching any part of their body while talking on their phone while driving. Even with hands-free technology, drivers cannot write, read or send text messages, e-mails, social media content and other internet data while on the road. (Voice to text is allowed) Drivers cannot watch videos when they are on the road. (Navigational/GPS videos are allowed) Drivers cannot use their phones or electronic devices to record video when they are on the road. (Continuously running dash cams are allowed) Drivers may listen to streaming music that does not include videos on the screen of their phone or device while driving but cannot touch their phones while on the road to activate or program any music streaming app. Streaming music that is controlled by and listened through the vehicle’s radio is allowed. Drivers who need to touch their phones to activate/program their music streaming apps must do so before getting on the road The fine for a first conviction is $50.00 and 1 point assesed against the driver’s license. The fine is $100.00 and 2 points for a second conviction and $150.00 and 3 points for three or more conviction. The fines for a 2nd or 3rd offense only apply when date of a 2nd or 3rd conviction takes place within 24 months of the date of the first conviction. First time offenders can have the charge dropped by showing the court they have obtained a device that allows them to talk on a phone with hands-free technology or devices.
The Hands-Free Georgia Act was signed by Governor Nathan Deal on May 2, 2018, and will take effect on July 1, 2018. For more information on the law and FAQ, visit,
Hands-Free Georgia Act Section 2.Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subparagraph (c)(1)(A) of Code Section 40-5-57, relating to suspension or revocation of license habitually negligent or dangerous driver and point system as follows:(xv) First violation of Code Section 40-6-241 (Hands-Free Georgia Act) 1 point (xvi) Second violation of Code Section 40-6-241 (Hands-Free Georgia Act) 2 points (xvii) Third violation of Code Section 40-6-241 (Hands-Free Georgia Act) 3 points Section 3. Said title is further amended by revising subsections (d) and (e) of Code Section 40-6-165, relating to operation of school buses, as follows:
“(d) The driver of a school bus shall not use or operate a wireless telecommunications device, as such as term is defined in Code Section 40-6-241, or two-way radio while loading or unloading passengers. (e) The driver of a school bus shall not use or operate a wireless telecommunications device, as such term is defined in Code Section 40-6-241, while the bus is in motion, unless it is being used in a similar manner as a two-way radio to allow live communication between the driver and school officials or public safety officials.” Section 4.
- Said title is further amended by revising Code Section 40-6-241, relating to driver to exercise due care and proper use of radios and mobile telephones allowed as follows: “40-6-241.
- A) As used in this Code section, the term: (1) ‘Stand-alone electronic device’ means a device other than a wireless telecommunications device which stores audio or video data files to be retrieved on demand by a user.
(2) ‘Utility services’ means and includes electric, natural gas, water, waste-water, cable, telephone, or telecommunications services or the repair, location, relocation, improvement, or maintenance of utility poles, transmission structures, pipes, wires, fibers, cables, easements, rights of way, or associated infrastructure.
(3) ‘Wireless telecommunications device’ means a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver, or substantially similar portable wireless device that is used to initiate or receive communication, information or data.
Such term shall not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, or remote diagnostics system.
- B) A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle.
- C) While operating a motor vehicle on any highway of this state, no individual shall: (1) Physically hold or support, with any part of his or her body a: (A) Wireless telecommunications device, provided that such exclusion shall not prohibit the use of an earpierce, headphone device, or device worn on a wrist to conduct a voice-based communication (Smartphone watch); or (B) Stand-alone electronic device; (2) Write, send, or read any text-based communication, including but not limited to a text message, instant message, e-mail, or Internet data on a wireless telecommunications device or stand-alone electronic device; provided, however, that such prohibition shall not apply to: (A) A voice based communication which is automatically converted by such device to be sent as a message in a written form; or (B) The use of such device for navigation of such vehicle for global positioning system purposes.
(3) Watch a video or movie on a wireless telecommunications device or stand-alone electronic device other than watching data related to the navigation of such vehicle; or (4) Record or broadcast video on a wireless telecommunications device or stand-alone electronic device; provided that such prohibition shall not apply to electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.
(d) While operating a commercial motor vehicle on any highway of this state, no individual shall: (1) Use more than a single button on a wireless telecommunications device to initiate or terminate a voice communication; or (2) Reach for a wireless telecommunications device or stand-alone electronic device in such a manner that requires the driver to no longer be: (A) In a seated driving position; or (B) Properly restrained by a safety belt.
(e) Each violation of this Code section shall constitute a separate offense. (f) (1) Except as provide for in paragraph (2) of this subsection, any person convicted of violating this Code section shall be guilty of a misdemeanor which shall be punished as follows: (A) For a first conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating, this Code section within the previous 24 month period of time, as measured from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of not more than $50.00, but the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof; (B) For a second conviction within a 24-month period of time, as measured from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of not more than $100.00, but the provisions of Chapter 11 of Title 17 and any provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof: (C) For a third or subsequent conviction within a 24-month period of time, as measured from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of not more than $150.00, but the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof.
- 2) Any person appearing before a court for a first charge of violating paragraph (1) subsection (c) of the Code section who produces in court a device or proof of purchase of such device that would allow such person to comply with such paragraph in the future shall not be guilty of such offense.
- The court shall require the person to affirm that they have not previously utilized the privilege under this paragraph.
(g) Subsections (c) and (d) of this Code section shall not apply when the prohibited conduct occured: (1) While reporting a traffic accident, medical emergency, fire, an actual or potential criminal or delinquent act, or road condition that causes an immediate and serious traffic or safety hazard; (2) By an employee or contractor of a utility services provider acting within the scope of his or her employment while responding to a utility emergency.
How much is the ticket for GA Move Over Law?
If you’re driving on a two-lane road and see emergency lights flashing up ahead, your first instinct is probably to slow down. But is your next step to move over into a lane further away? In most states across the country, including here in Georgia, it is the law for motorists to move over to make room for emergency vehicles, DOT workers, and police cars.
On a multi-lane road, motorists must move over at least one lane away from the emergency or maintenance crew when lights are flashing. On single-lane roads, motorists must slow down below the posted speed limit and be prepared to stop at any moment while passing a parked emergency vehicle.
Too many people have lost their lives here in Georgia after being struck by a vehicle during a traffic stop, emergency call, or while performing roadside maintenance. At iRideSafe™, we are committed to educating drivers and helping our public servants stay safe on the job! Our current laws extend to protect a variety of people, and you as a motorist must follow the Move Over Law when you see any emergency or maintenance vehicle with flashing red, yellow, amber, white, or blue lights stopped on the road or road shoulder, including:
Police cars Ambulance and paramedic vehicles Fire and rescue vehicles DOT maintenance trucks Wrecker and tow trucks
Roadside accidents or other distractions can be deadly for both the crew on the ground and any approaching vehicle. The Georgia Governor’s Office of Highway Safety estimates that 30% of car crashes occur as a result of another crash, So, whether you see a crash up ahead, or you are looking at a crash you are passing, you are at heightened risk for your own crash.
- The Move Over law has been in effect in Georgia since 2003, and carries steep fines of up to $500 for motorists that are convicted, according to the Georgia Governor’s Office of Highway Safety.
- Many roadside stops will have an enforcing police officer, prepared to give violators a hefty ticket, and probably a stern word or two.
After all, their friends and family in uniform have the most to lose. Want to improve your driving skills and safety? Check out all the great tips, videos, and handouts here at iRideSafe™ and keep yourself and others safe on the road. For more information regarding state laws in Georgia, click here: http://ghsa.org/html/stateinfo/bystate/ga.html View the Move Over Law brochure presented by the Georgia Governor’s Office of Highway Safety Additional Sources: American Safety Commission
What is Georgia move over law?
Move Over Law Georgia’s Move Over Law says motorists travelling in the lane adjacent to the shoulder must move-over one lane when emergency and utility vehicles are stopped on the side of the highway and operating in an official capacity. Vehicles included in the law include all first responders (law enforcement, fire, EMS), utility vehicles, DOT vehicles, HERO Units and wreckers tending to an accident.
The law is meant to keep officers AND traffic violators safe from crashes with passing cars. The Move Over Law was passed in the aftermath of growing numbers of police, emergency technicians and DOT workers being killed during routine traffic stops, crash responses and highway construction projects around the nation.
Right now, more than thirty states have Move Over Laws on the books, with fines that range as high as a thousand dollars or more in some jurisdictions. The Move Over fine in Georgia can be up to $500. Failure to obey the Move Over Law can lead to consequences far more serious than fines.
According to FBI statistics, traffic crashes claim the lives of more police personnel than any other cause of death in the line of duty, including shootings. Reports show emergency vehicles of all types have been struck while parked beside Georgia highways, even while their emergency lights were flashing.
The Georgia Move Over Law requires drivers to move-over one lane when possible if an emergency vehicle with flashing lights is parked on the shoulder of the highway. And if traffic is too heavy to move-over safely, the law requires drivers to slow down below the posted speed limit instead AND to be prepared to stop.
Is Georgia still a stand your ground state?
Georgia Law – Georgia has a stand your ground law which removes the duty to retreat before using force in self defense or in defense of another.2
What are Georgia’s gun laws 2022?
Brian Kemp signed the Georgia Constitutional Carry Act into law in April 2022. The law eliminates the government permit requirements for carrying firearms in public. However, it is still illegal for convicted felons and those adjudicated to have a mental illness to possess firearms.
Can you bare arms in Georgia?
Last updated September 15, 2021, The Georgia Constitution provides that “he right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.” 1 In addition, Ga.
Code Ann. § 1-2-6(a)(9) includes “the right to keep and bear arms” within a general list of citizens’ rights. In the 1911 case Strickland v. State, the Supreme Court of Georgia determined that a statute prohibiting the carrying of a handgun without a license did not violate the state’s right to bear arms provision.2 The court held that the test for whether a law regulating firearms violates this constitutional provision is “whether the particular regulation involved is legitimate and reasonably within the police power, or whether it is arbitrary, and, under the name of regulation, amounts in effect to a deprivation of the constitutional right.” 3 After reviewing the intent of the statute, as well as judicial interpretations of similar statutory provisions in other states, the court found that the statute at issue was “not so arbitrary or unreasonable as to amount, in effect, to a prohibition of the right to bear arms, or an infringement of that right as protected by the constitution.” 4 In Carson v.
State, a 1978 case, the Supreme Court of Georgia rejected a state right to bear arms challenge to a statute prohibiting the possession of a sawed-off shotgun.5 The court reaffirmed the test set forth in Strickland and found that the omission in the state constitution of the phrase ” well-regulated militia being necessary to the security of a free State” (which appears in the Second Amendment to the U.S.
- Constitution) did not affect the constitutionality of the statute, because it “can be sustained as a legitimate exercise of the police power of the state.” 6 Five years later, in Landers v.
- State, the Supreme Court of Georgia rejected a state right to bear arms challenge to a statute prohibiting the possession of a firearm by a felon.7 Relying on Strickland and Carson, the court held that the statute was “a reasonable regulation authorized by the police power and thus not violative of our Constitution.” 8 More recently, in 2009, in Moore v.
Moore-McKinney, the Court of Appeals of Georgia rejected a state right to bear arms challenge to a court order prohibiting the possession of weapons by either parent when the parents were exchanging their children.9 The court stated that possession of a firearm was “not restricted except in the context of a narrowly tailored condition of visitation justified by the evidence.” 10 Finally, in the 2013 case Hertz v.
Bennett, the Supreme Court of Georgia examined whether denying a license to carry firearms to a person who had been convicted of a felony violated the person’s rights under the Georgia Constitution.11 In finding that it did not, the court found that “Hertz acknowledged that he used an illegal weapon to commit forcible felonies that endangered the lives of other persons.
Under these circumstances, we hold that denying him a license to carry a weapon outside his home, car, and place of business does not violate his state constitutional right to bear arms in Article I, Section I, Paragraph VIII of the Georgia Constitution.
Can you wear Airpods while driving in GA?
The use of headphones while driving in Georgia is only legal when they do not impair the hearing or vision of the driver, and Georgia law specifically allows the use of communication devices such as Bluetooth.
Can I just pay my ticket and not go to court Georgia?
Confirm your traffic violation and court by looking at your traffic citation. You must pay the full amount of the fine to the correct court. If your citation does not require a mandatory court appearance, you can resolve the case before your scheduled court date by accepting the penalty and paying the fine.
How much is a 20 over ticket in GA?
First Georgia Speeding Offense This schedule is as follows: 1-4 miles over, $0; 5-10 miles over, $25; 10-14 miles over, $100; 15-18 miles over, $125; 19-23 miles over, $150; and 24-33 miles over, $500.
How can I get out of a ticket in Georgia?
Fighting or Contesting a Speeding Ticket in Georgia – You could go to court and fight the ticket there. However, proving that you were not speeding or that your speed was less than stated on the ticket will be difficult. The officer who wrote your ticket doesn’t have to have proof that you were speeding.
Do police need a reason to pull you over in Georgia?
With reasonable suspicion, they can pull you over to question you. The police will request your identification, registration, and proof of insurance. If you continue to be questioned by the police, you can kindly express your need to remain silent and request an attorney if you choose.
How long has the Move Over Law been around?
In fact, the first ‘Move Over’ law originated in South Carolina in 1996 after a paramedic was struck and killed while responding to a crash. Since then, every State has enacted such laws, including Hawaii, which in 2012 became the 50th and final State to enact ‘Move Over’ legislation.
Can my husband kick me out of the house in Georgia?
Can you kick your spouse out of the house in Georgia? – Under Georgia law, both spouses have equal rights to their marital home until a court order says otherwise. Thus, one spouse cannot just kick their husband or wife out of the home without a court order.
- This applies even if only one spouse’s name is on the title, or even if the couple is going through a pending divorce.
- As long as the court has not given an order on who gets the house, it remains marital property and both spouses continue to have equal rights to it.
- In fact, in divorce cases, the court does not look favorably on a spouse who kicks out their husband or wife without legal standing.
There are a few exceptions to this. One is if there are allegations of domestic violence and the alleged victim gets a temporary restraining order, an emergency protective order, or an exclusive possession order from the court. This will likely require the alleged abuser to leave the shared residence.
Note that an exclusive possession order does not mean permanent ownership of the home. It is only a temporary arrangement by the court while the divorce is not yet final. Another potential exception is if one spouse solely owns the home. If they purchased the house before getting married, and if the other spouse has not contributed to it, it’s possible that the house is separate property, not marital property,
With one spouse as the sole owner, the other could be determined as a tenant who may be legally evicted. However, this is a complex landlord-tenant matter, and courts are often reluctant to grant evictions to married spouses. In short, it’s never advisable to kick out your spouse without a court order, even if you assume you are the sole owner of the house.
Can you shoot a trespasser on your property in Georgia?
Under the above premises, you cannot shoot someone just because they are on your property. There must be an active threat toward your life or another’s life in order for any use of force, especially deadly force, to be justified. If you have been charged with a violent crime while defending yourself, the jury will need to determine whether your fears were ones that a reasonable individual would have likewise had and that type of force used reasonably fit the situation.
Since there is no universal standard for what is reasonable, this is entirely subjective. The jury will take a look at the specific circumstances of the case and determine whether your decision to use deadly force was justified. Understanding the exact circumstances that led to the attack can be difficult, however, especially in murder or manslaughter cases where the only other witness is no longer alive.
As your attorneys, The Law Ladies will utilize their extensive resources to gather evidence that can support your reasonable self-defense argument. If it is proven that your decision to shoot was justified to protect yourself and/or others, then you will most likely be acquitted of the charged crime under Georgia’s self-defense laws,
Who is next of kin in Georgia?
Generally, the next of kin in Georgia are: Surviving spouse. Children and descendants. Parents.
Does Georgia follow the Romeo and Juliet law?
Is Sex with a Person Under the Age of 16 Totally Prohibited? – Except for some age-related situations, when teens are involved with each other, yes. Those rare exceptions may still lead to misdemeanor crimes against the older person. The Georgia Romeo and Juliet law defines the age of 16 as the point at which a person may legally consent to sex.
- In Georgia, this crime of statutory rape is classified as a felony.
- This crime is almost a strict liability crime, since the traditional “intent” element is lacking.
- An accused citizen cannot guess at the victim’s age, and later claim a good faith belief of him/her being older.
- One major exception to Georgia statutory rape law is still in place.
If the two people are married, Georgia will not prosecute. This issue creates interesting “law school” scenarios, of a man taking a 15-year-old to a foreign land, to marry her, and then returning to Georgia as husband and wife. Using the facts set forth above, the 15-year-old can consent to sex, solely because it will be with her spouse. Carnal knowledge is technically defined as penetration of the female sex organ (vagina) by the male sex organ. However, statutory rape in GA does not necessarily include the use of force, and other sexual acts such as oral sex may fall under statutory rape.
With minor edits for clarifying some wording, Wikipedia defines the crime of statutory rape as follows: In common law jurisdictions, statutory rape (sometimes abbreviated herein as “SR”) is a non-forcible sex act involving two parties in which one of the individuals is below the age of consent (the age required to legally consent to the behavior).
Although it usually refers to adults engaging in sexual contact with minors under the age of consent, SR is a generic term, and very few jurisdictions use the actual term statutory rape in the language of their statutes.
How a bill becomes a law in the Georgia General Assembly?
Step 7: The Bill Becomes a Law – Once a bill is signed (or not signed) by the governor, all the new acts and laws are printed in the Georgia Law series and added to the Official Code of Georgia Annotated (O.C.G.A.), which you can access for free on LexisNexis,