Authority of Department, Counties, and Municipalities to Regulate Parking; Parking Vehicles or Leaving Vehicles Unattended on Right of Way of Public Road on State Highway System

  1. Law
  2. Georgia Code
  3. Highways, Bridges, and Ferries
  4. Regulation of Maintenance and Use of Public Roads Generally
  5. General Provisions
  6. Authority of Department, Counties, and Municipalities to Regulate Parking; Parking Vehicles or Leaving Vehicles Unattended on Right of Way of Public Road on State Highway System

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Notwithstanding Code Section 40-6-200 and Code Sections 40-6-202 through 40-6-204:

  1. The department may regulate and prohibit the parking of any type of vehicle on any public road on the state highway system, including extensions thereof into or through municipalities. Whenever any state or local law enforcement officer finds a vehicle parked in violation of law or the department's regulations, such officer or employee is authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. If the vehicle is unattended, such officer is authorized to remove or provide for the removal of such vehicle to the nearest garage or other place of safety at the owner's expense. State or local law enforcement officers and the department are further authorized, with or without the consent of the owner, to remove or have removed any obstruction, cargo, or personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which the department determines to be a threat to public health or safety or to mitigate traffic congestion, and any person or towing service that is removing an obstruction, cargo, or personal property at the location of such obstruction, cargo, or personal property upon instruction by a law enforcement officer, an official of a fire department acting under the authority of paragraph (1) of Code Section 25-3-1 or paragraph (3) of Code Section 25-3-2, or an official of the department shall be liable only for gross negligence;
  2. A county may regulate and control the parking of vehicles on the county road system and to this end the county may place parking meters on or immediately adjacent to any or all such roads, except extensions into a municipality, for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A county may also place such parking meters on or adjacent to any public road on the state highway system located within the county and outside the corporate limits of a municipality when authorized by the department pursuant to paragraph (1) of this Code section;
  3. A municipality may regulate and control the parking of vehicles on its municipal street system and on extensions of a countyroad system within its corporate limits and to this end may place parking meters on or immediately adjacent to any or all of such roads for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A municipality also may place such parking meters on or adjacent to any public road on the state highway system located within the corporate limits of the municipality when authorized by the department pursuant to paragraph (1) of this Code section; and
  4. It shall be unlawful for any person to park or leave unattended any vehicle upon the right of way of any public road on the state highway system for over 48 hours.

(Code 1933, § 95A-904, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 1985, p. 149, § 32; Ga. L. 1993, p. 370, § 1; Ga. L. 2000, p. 951, § 2-3; Ga. L. 2005, p. 334, § 12-1/HB 501; Ga. L. 2007, p. 170, § 1/HB 231.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2006, "county road" was substituted for "count yroad" in the first sentence of paragraph (3).

Law reviews.

- For article, "Recommendations Regarding Control of Outdoor Advertising Along the Interstate Highway System in Georgia," see 14 Mercer L. Rev. 308 (1963).

JUDICIAL DECISIONS

Cited in Old Republic Union Ins. Co. v. Floyd Beasley & Sons, Inc., 250 Ga. App. 673, 551 S.E.2d 388 (2001).

OPINIONS OF THE ATTORNEY GENERAL

Removal of unattended vehicles by law enforcement officers.

- Any vehicle left unattended for more than 48 hours on the right of way of a public road within the State Highway System may be removed by state or local law enforcement officers. 1973 Op. Att'y Gen. No. 73-165.

Municipal regulation of streets in State Highway System.

- Municipality may not, by ordinance, seek to regulate streets which are a part of the State Highway System, unless the municipality is attempting to place parking meters on or adjacent to a road which is a part of the State Highway System, and has been first authorized by the department to place the parking meters; or the municipality is attempting to erect or maintain a traffic-control device on a road which is a part of the State Highway System, and written approval has first been obtained from the department. 1974 Op. Att'y Gen. No. U74-94.

RESEARCH REFERENCES

ALR.

- Validity of restrictions as to points at which jitney bus passengers may be taken on and discharged, 6 A.L.R. 110.


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