PocketLaw | Georgia Code | Fraudulent Identification Cards; Penalties

Fraudulent Identification Cards; Penalties

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It is a misdemeanor for any person:

To lend his or her identification card for persons with disabilities to any other person or knowingly to permit the use thereof by another; and
To display or represent as his or her own any identification card for persons with disabilities not issued to him or her.

(Code 1981, §40-5-179, enacted by Ga. L. 1989, p. 628, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 1995, p. 1302, § 7; Ga. L. 2002, p. 551, § 7.)

Law reviews.

- For note on the 2002 amendment of this Code section, see 19 Ga. St. U.L. Rev. 81 (2002).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting.

- Offenses arising under O.C.G.A. § 40-5-179(1) and (2) require fingerprinting. 2002 Op. Att'y Gen. No. 2002-7.

CHAPTER 6 UNIFORM RULES OF THE ROAD Article 1 General Provisions.

40-6-1. Violations of chapter a misdemeanor unless otherwise stated; maximum fines for speed limit violations.
40-6-2. Obedience to authorized persons directing traffic.
40-6-3. Chapter refers to operation of vehicles on highways; exceptions; vehicle accident reports and private property.
40-6-4. Persons riding animals or driving animal drawn vehicles.
40-6-5. Persons working on highways.
40-6-6. Authorized emergency vehicles; pursuit of fleeing suspects.
40-6-7. Operation of motor vehicles in parades.
40-6-8. Rights of owners of real property.
40-6-9. Challenges to speed limits and other traffic regulations established or enforced by local governing authorities.
40-6-10. Insurance requirements for operation of motor vehicles generally.
40-6-10.1. Financial responsibility requirements of the Federal Motor Carrier Safety Administration.
40-6-11. Insurance requirements for operation of motorcycles.
40-6-12. Subsequent violation; proof of financial responsibility.
40-6-13. Courts having jurisdiction to try offenses.
40-6-14. Sound volume limitations from within the motor vehicle.
40-6-15. Knowingly driving motor vehicle on suspended, canceled, or revoked registration; punishment.
40-6-16. Procedure for passing certain stationary vehicles.
40-6-16.1. Procedure for passing vehicle with active sanitation workers.
40-6-17. Prohibited use of traffic-control device preemption emitter; penalty.

Article 2 Traffic Signs, Signals, and Markings.

40-6-20. Obedience to traffic-control devices required; presumptions; red light cameras.
40-6-21. Meaning of traffic signals.
40-6-22. Pedestrian-control signals.
40-6-23. Flashing circular red or yellow signals.
40-6-24. Lane direction control signals.
40-6-25. Display of unauthorized signs, signals, or markings.
40-6-26. Interference with official traffic-control devices or certain signs; travel on closed highway prohibited.
40-6-27. Installation of blue retroreflective raised pavement markers.
40-6-28. Restricted access/managed lanes.

Article 3 Driving on Right Side of Roadway, Overtaking and Passing, Following too Closely.

40-6-40. Vehicles to drive on right side of roadway; exceptions; impeding traffic.
40-6-41. Passing vehicles proceeding in opposite directions.
40-6-42. Overtaking and passing generally.
40-6-43. When overtaking and passing on the right permitted.
40-6-44. Limitations on overtaking and passing on the left.
40-6-45. Further limitations on driving on left of center of roadway.
40-6-46. No-passing zones.
40-6-47. One-way roadways and rotary traffic islands.
40-6-48. Driving on roadways laned for traffic.
40-6-49. Following too closely.
40-6-50. Driving on divided highway, controlled-access roadways, and emergency lanes.
40-6-51. Restrictions on type of vehicle that may travel on certain major interstates and highways inside the Interstate 285 perimeter.
40-6-52. Prohibited lane usage by trucks using multilane highways.
40-6-53. Prohibited lane usage by buses and motorcoaches using multilane highways; HOV lane usage by a bus or motorcoach.
40-6-54. Designation of travel lanes for exclusive use of certain vehicles; penalty; presumption; establishment of high occupancy toll (HOT)lanes.
40-6-55. Obligation of drivers to yield to bicyclist in a bicycle lane.
40-6-56. Safe passing distance when overtaking a bicyclist.

Article 4 Right of Way.

40-6-70. Right of way rule for vehicles approaching or entering intersection.
40-6-71. Yield when turning left.
40-6-72. Stopping and yielding.
40-6-73. Entering or crossing roadway.
40-6-74. Operation of vehicles on approach of authorized emergency vehicles.
40-6-75. Highway construction and maintenance personnel and vehicles.
40-6-76. Funeral processions.
40-6-77. Penalties for collision which causes serious injury to motorcyclist, pedestrian, bicyclist, or farmer transporting certain items.

Article 5 Rights and Duties of Pedestrians.

40-6-90. Pedestrians to obey traffic-control devices and traffic regulations.
40-6-91. Right of way in crosswalks.
40-6-92. Crossing roadway elsewhere than at crosswalk.
40-6-93. Drivers to exercise due care in relation to pedestrians.
40-6-94. Right of way of blind pedestrian.
40-6-95. Pedestrian under influence of alcohol or drug.
40-6-96. Pedestrians on or along roadway.
40-6-97. Pedestrians soliciting.
40-6-97.1. Solicitation permits for charitable organizations.
40-6-98. Driving through safety zone prohibited.
40-6-99. Pedestrians to yield to authorized emergency vehicles.
40-6-100. Right of way on sidewalks [Repealed].
40-6-101. Redesignated.

Article 6 Turning, Starting, Signaling.

40-6-120. Methods of turning at intersections.
40-6-121. U-turns.
40-6-122. Starting parked vehicle.
40-6-123. Turning movements; signals required on turning, changing lanes, slowing, or stopping.
40-6-124. Signals by hand and arm or signal lights.
40-6-125. Method of giving hand and arm signals.
40-6-126. Central lane for turning.

Article 7 Negotiating Railroad Crossings, Entering Highways from Private Driveways.

40-6-140. Approaching and travel over railroad grade crossing.
40-6-141. Erection and observance of stop signs at railroad grade crossings.
40-6-142. Certain vehicles to stop at all railroad crossings.
40-6-143. Moving heavy equipment at railroad grade crossings.
40-6-144. Emerging from alley, driveway, or building; driving upon a sidewalk prohibited.

Article 8 School Buses.

40-6-160. Speed limits when transporting children.
40-6-161. Headlights to be lit when transporting children; communication equipment required.
40-6-162. Use of visual signals.
40-6-163. Duty of driver of vehicle meeting or overtaking school bus; reporting of violations; civil monetary penalty for violations captured by school bus camera.
40-6-164. Duty of school bus driver stopping to allow children to disembark.
40-6-165. Operation of school buses.

Article 9 Speed Restrictions.

40-6-180. Basic rules.
40-6-181. Maximum limits.
40-6-182. Establishment of state speed zones.
40-6-183. Alteration of speed limits by local authorities.
40-6-184. Impeding traffic flow; minimum speed limits; slower driving in a passing lane.
40-6-185. Speed limits on bridges and other elevated structures.
40-6-186. Racing on highways or streets.
40-6-187. Charging violations; sentence to specify amount by which speed limit exceeded.
40-6-188. Highway work zones; reduction in speed; signage.
40-6-189. Classification as super speeder; fees.

Article 10 Stopping, Standing, and Parking. Part 1 GENERAL PROVISIONS.

40-6-200. How vehicles to be parked; powers of Department of Transportation and local authorities.
40-6-201. Leaving motor vehicle unattended [Repealed].
40-6-202. Stopping, standing, or parking outside of business or residential districts.
40-6-203. Stopping, standing, or parking prohibited in specified places; stopping or standing for collecting municipal solid waste or recovered materials.
40-6-204. Exception as to disabled vehicles.
40-6-205. Obstructing intersection.
40-6-206. When police officers may remove vehicles; uninsured vehicles.
40-6-207. Liability of owner for traffic or parking violations occurring while vehicle leased to another; duty of owner to attend hearing on the offense; improper vehicle maintenance.
40-6-208. Parking areas for passengers of rapid rail or public transit buses; violations.

Part 2 PARKING FOR PERSONS WITH DISABILITIES.

40-6-220. Short title.
40-6-221. Definitions.
40-6-222. Permits [Repealed].
40-6-223. Fees [Repealed].
40-6-224. Out-of-state handicapped or persons with disabilities license plates or permits.
40-6-224.1. Handicapped parking places for the nonambulatory [Repealed].
40-6-225. Parking places for persons with disabilities for the nonambulatory.
40-6-226. Offenses and penalties.
40-6-227. Application to both public and private property.
40-6-228. Enforcement.

Article 11 Miscellaneous Provisions.

40-6-240. Backing.
40-6-241. Distracted driving; restrictions on operation of wireless telecommunications devices and stand-alone electronic devices; penalty; exceptions.
40-6-241.1. Definitions; prohibition on certain persons operating motor vehicle while engaging in wireless communications; exceptions; penalties [Repealed].
40-6-241.2. Writing, sending, or reading text based communication while operating motor vehicle prohibited; prohibited uses of wireless telecommunications devices by drivers of commercial vehicles; exceptions; penalties for violation [Repealed].
40-6-242. Obstruction of driver's view or interference with control of vehicle.
40-6-243. Opening and closing vehicle doors.
40-6-244. Riding in house trailer.
40-6-245. Driving through canyon or on mountain highway.
40-6-246. Coasting.
40-6-247. Following fire apparatus or emergency vehicle.
40-6-248. Crossing fire hose.
40-6-248.1. Securing and covering loads on vehicles.
40-6-249. Littering highway.
40-6-250. Wearing device which impairs hearing or vision.
40-6-251. Driving in circular or zigzag course; "laying drags."
40-6-252. Parking, standing, or driving vehicle in private parking area after request not to do so.
40-6-253. Consumption of alcoholic beverage or possession of open container of alcoholic beverage in passenger area.
40-6-253.1. Transportation of medical waste; exception; penalty for violation.
40-6-254. Operating vehicle without adequately securing load.
40-6-255. Driving away without paying for gasoline.

Article 12 Accidents.

40-6-270. Hit and run; duty of driver to stop at or return to scene of accident.
40-6-271. Duty upon striking unattended vehicle.
40-6-272. Duty upon striking fixture.
40-6-273. Duty to report accident resulting in injury, death, or property damage.
40-6-273.1. Instruction to drivers to provide certain information to other parties.
40-6-274. Exemption from duty to stop at scene or report accident.
40-6-275. Duty to remove vehicle from public roads; removal of incapacitated vehicle from state highway.
40-6-276. Duty of driver of wrecker/tow truck.
40-6-277. Sheriffs and chief executive officers of law enforcement agencies to report traffic accident deaths.
40-6-278. Uniform motor vehicle accident reports and reporting procedures.
40-6-279. Accidents involving operation of fully autonomous vehicles.

Article 13 Special Provisions for Certain Vehicles. Part 1 BICYCLES AND PLAY VEHICLES.

40-6-290. Application of part regarding bicycles.
40-6-291. Traffic laws applicable to bicycles; operation upon paved shoulder; signaling of right hand turns.
40-6-292. Manner of riding bicycle; passengers.
40-6-293. Clinging to vehicles.
40-6-294. Riding on roadways and bicycle paths.
40-6-295. Carrying articles.
40-6-296. Lights and other equipment on bicycles.
40-6-297. Violation of part a misdemeanor; duty of parents and guardians.
40-6-298. Rules and regulations.
40-6-299. Redesignated.

Part 1A ELECTRIC ASSISTED BICYCLES.

40-6-300. Definitions.
40-6-301. Rights and duties of electric assisted bicycle operators.
40-6-302. Labeling of bicycles; required equipment.
40-6-303. Location of operation; age limitations; required safety equipment.

Part 1B OPERATION OF FARM USE VEHICLE.

40-6-305. Purpose of farm use vehicle.
40-6-306. Rights and duties of operator.
40-6-307. Local restrictions on public roads and highways.

Part 2 MOTORCYCLES.

40-6-310. Traffic laws applicable to persons operating motorcycles.
40-6-311. Manner of riding motorcycle generally.
40-6-312. Operating motorcycle on roadway laned for traffic.
40-6-313. Clinging to other vehicles.
40-6-314. Footrests and handlebars.
40-6-315. Headgear and eye-protective devices for riders.
40-6-316. Rules and regulations.

Part 2A PERSONAL ASSISTIVE MOBILITY DEVICES.

40-6-320. Operation on highways and sidewalks; direction of travel.
40-6-321. Due care to pedestrians.
40-6-322. Speed of travel restricted.
40-6-323. Parking.
40-6-324. Transportation of hazardous materials; medical oxygen excluded.
40-6-325. Required equipment; minimum age for operation; exception to age requirement.
40-6-326. Operation while intoxicated.
40-6-327. Penalty for violations.

Part 3 PERSONAL TRANSPORTATION VEHICLES.

40-6-330. Standards for operating personal transportation vehicles.
40-6-330.1. Required equipment for personal transportation vehicles; grandfather clause.
40-6-331. Designated areas of operation; PTV licensing requirements and operating standards; signage; use by a commercial delivery company.

Part 4 MOPEDS.

40-6-350. Traffic laws applicable to persons operating mopeds.
40-6-351. Driver's license or permit required for certain operators.
40-6-352. Protective headgear.
40-6-353. Operation over certain roads may be prohibited.
40-6-354. Rules and regulations.

Part 5 LOW-SPEED VEHICLES.

40-6-360. Rights of persons operating low-speed vehicles.
40-6-361. Traffic laws applicable to low-speed vehicles.
40-6-362. Operating low-speed vehicles on highways.

Part 6 PERSONAL TRANSPORTATION VEHICLE TRANSPORTATION PLAN.

40-6-363. Legislative intent.
40-6-364. Definitions.
40-6-365. Standards for local authorities to establish personal transportation vehicle transportation plans.
40-6-366. Acquisition of property for PTV lanes.
40-6-367. Part inapplicable to certain localities with prior ordinances governing PTV use.
40-6-368. Requirements for streets or highways on which joint use by regular vehicle traffic and PTVs permitted.
40-6-369. Manner in which PTVs may be driven.
40-6-369.1. Speed limits on streets authorized for PTV use.

Article 14 Effect of Chapter on Powers of Local Authorities. Article 15

40-6-370. Uniform state-wide application of chapter.
40-6-371. Powers of local authorities generally.
40-6-372. Adoption of chapter by local authorities.
40-6-373. Effect of future changes in chapter.
40-6-374. Form of adopting ordinance.
40-6-375. Citations for violations.
40-6-376. Prosecution under this chapter or local ordinance; transfer of charge to state tribunal; double jeopardy.

Serious Traffic Offenses. Cross references. - Liability of persons rendering emergency care generally, §§ 31-11-8, 51-1-29, 51-1-30, and 51-1-30.1.

40-6-390. Reckless driving.
40-6-391. Driving under the influence of alcohol, drugs, or other intoxicating substances; penalties; publication of notice of conviction for persons convicted for second time; endangering a child.
40-6-391.1. Entry and acceptance of plea of nolo contendere.
40-6-391.2. Seizure and civil forfeiture of motor vehicle operated by habitual violator.
40-6-391.3. Penalty for conviction for driving under influence of alcohol or drugs while driving school bus.
40-6-392. Chemical tests for alcohol or drugs.
40-6-393. Homicide by vehicle.
40-6-393.1. Feticide by vehicle; penalties.
40-6-394. Serious injury by vehicle; penalty.
40-6-395. Fleeing or attempting to elude police officer; impersonating law enforcement officer.
40-6-396. Homicide by interference with official traffic-control device or railroad sign or signal; serious injury by interference with official traffic-control device or railroad sign or signal.
40-6-397. Aggressive driving; penalty.

Regulation of size, weight, and other elements of vehicles and loads on public highways, § 32-6-20 et seq.

Liability of law enforcement officers for actions taken while performing duties at scene of emergency, § 35-1-7.

Observance of laws by motor carriers, § 40-1-122.

Georgia forest products trucking rules, § 46-1-1.

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.

Ga. L. 1990, p. 2048, § 17, not codified by the General Assembly, provides: "Prosecution for any violation of Sections 4 and 5 of this Act occurring prior to January 1, 1991, is not affected or abated by this Act."

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Code 1933, § 92A-6 are included in the annotations for this Code section.

Constitutionality.

- Uniform Rules of the Road Act, Ga. L. 1974, p. 633 (see now O.C.G.A. § 40-6-1 et seq.), does not violate the Georgia Constitution by containing matter different from what is expressed in the title. Head v. State, 246 Ga. 360, 271 S.E.2d 452 (1980).

Purpose of chapter.

- Statutory purpose of all the regulations codified as the Uniform Rules of the Road, Ga. L. 1974, p. 633 (see now O.C.G.A. § 40-6-1 et seq.), is to promulgate the safe and expeditious movement of vehicular traffic on the highways. Crook v. State, 156 Ga. App. 756, 275 S.E.2d 794 (1980).

No conflict with O.C.G.A. § 40-9-3. - Uniform Traffic Regulations Act, Ga. L. 1953, Nov.-Dec. Sess., p. 556, is not in irreconcilable conflict with the provisions of the Motor Vehicle Responsibility Act, Ga. L. 1951, p. 565, which confers upon the commissioner of public safety the power to cancel drivers' licenses. Turmon v. Department of Pub. Safety, 222 Ga. 843, 152 S.E.2d 884 (1967) (decided under former Code 1933, § 92A-6).

Violation of statute and ordinance.

- Any violation of the Uniform Rules of the Road Act, Ga. L. 1974, p. 633 (see O.C.G.A. § 40-6-1 et seq.) and of a local ordinance may, at the discretion of the local prosecutor, be charged as a violation of the state statute or the local ordinance. Diamond v. State, 151 Ga. App. 690, 261 S.E.2d 434 (1979).

State court jurisdiction.

- State court has jurisdiction over all misdemeanor offenses in county including violations of the Uniform Rules of the Road Act, Ga. L. 1974, p. 633 (see now O.C.G.A. § 40-6-1 et seq.). Diamond v. State, 151 Ga. App. 690, 261 S.E.2d 434 (1979).

Traffic violation is negligence as a matter of law rather than issuable negligence as a matter of fact. Mathis v. Mangum, 166 Ga. App. 415, 304 S.E.2d 520 (1983).

Cited in Mayor of Savannah v. Palmerio, 242 Ga. 419, 249 S.E.2d 224 (1978); Akin v. Hardison, 245 Ga. 57, 262 S.E.2d 814 (1980); Ray v. Parcel Delivery Co., 155 Ga. App. 531, 271 S.E.2d 670 (1980).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, Ch. 68-16 are included in the annotations for this Code section.

Purpose of chapter.

- Purpose of the Uniform Rules of the Road Act, Ga. L. 1974, p. 633 (see now O.C.G.A. § 40-6-1 et seq.) is not essentially penal, but remedial and designed to promote public safety. 1975 Op. Att'y Gen. No. 75-117.

Suspension and retention of licenses of convicted racers.

- Amendment to the Uniform Rules of the Road Act, having been approved by the Governor subsequent to approval of the Drivers Licensing Act, prevails over the Drivers Licensing Act to the extent that there is a conflict between the two statutes; thus, the department should continue to suspend and retain drivers licenses of persons convicted of racing in accordance with the provisions of the Uniform Rules of the Road Act and disregard the inconsistent provisions of the Drivers Licensing Act which were approved prior to the Uniform Rules of the Road Act. 1975 Op. Att'y Gen. 75-117.

Permission required before city enacts ordinance.

- City cannot enact an ordinance regulating parking on a state highway without first receiving permission of the Department of Transportation. 1971 Op. Att'y Gen. No. U71-3 (decided under former Code 1933, Ch. 68-16).

Units subject to braking and inspection requirements.

- Type of unit which is secured by a flexible, welded joint is a single unified motor vehicle and not two separate vehicles; as such, the unit is subject to the braking and inspection requirements imposed by law on motor vehicles. 1968 Op. Att'y Gen. No. 68-308 (decided under former Code 1933, Ch. 68-16).

RESEARCH REFERENCES

Driver's Failure to Maintain Proper Lookout, 40 POF2d 411.

Driver's Negligence in Backing Up, 46 POF2d 647.

ALR.

- Right or duty to turn in violation of law of road to avoid traveler, or obstacle, 24 A.L.R. 1304; 63 A.L.R. 277; 113 A.L.R. 1328.

Regulation of carriers by motor vehicle as affected by interstate commerce clause, 85 A.L.R. 1136; 109 A.L.R. 1245; 135 A.L.R. 1358.

Power to restrict or interfere with access of abutter by traffic regulations, 73 A.L.R.2d 689.

Entrapment to commit traffic offense, 34 A.L.R.4th 1167.

ARTICLE 1 GENERAL PROVISIONS

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 68-303 are included in the annotations for this article.

Motor vehicles operating on "public roads."

- Highway is a public road and the terms "highways" and "public highways," as used in the provisions regulating the operating of motor vehicles, mean "public roads" as distinguished from private ways. The meaning is not confined to the public highways which form the state highway system. Powell v. State, 193 Ga. 398, 18 S.E.2d 678 (1942) (decided under former Code 1933, § 68-303).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 222 et seq.

ALR.

- Applicability of motor vehicle regulations to public officials or employees, 19 A.L.R. 459; 23 A.L.R. 418.

"Emergency rule" as applied to automobile or motorcycle drivers, 79 A.L.R. 1277; 111 A.L.R. 1019.

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