Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and, upon roadways having width for not more than onelane of traffic in each direction, each driver shall give to the other at least one-half of the main traveled portion of the roadway or as nearly one-half as possible.
(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 56; Code 1933, § 68A-302, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1985, p. 149, § 40; Ga. L. 1990, p. 2048, § 5.)
Law reviews.- For comment on Roberts v. Phillips, 35 Ga. App. 733, 134 S.E. 837 (1926), see 1 Ga. L. Rev. No. 1, p. 49 (1927).
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Code 1910, §§ 628 and 1770(52) are included in the annotations for this Code section.
Purpose of section.
- Former Code 1933, § 68A-302 (see now O.C.G.A. § 40-6-41) required a driver to drive on the right side of the road except under certain circumstances and to give at least one-half of the main-traveled portion of the road to oncoming traffic, respectively. Berrian v. State, 139 Ga. App. 571, 228 S.E.2d 737 (1976).
Vehicle meeting streetcar should turn to right.
- When a vehicle which is able to turn either to the right or the left meets a streetcar, which under its franchise can travel only along the one fixed way marked out by its track, the vehicle meeting the streetcar should, in the absence of any reason preventing, itself turn to the right side. Athens Ry. & Elec. Co. v. McKinney, 16 Ga. App. 741, 86 S.E. 83 (1915) (decided under former Code 1910, § 628).
Constitutionality of provision making penal failure to turn vehicle to right.
- So much of former Code 1910, § 1770 as undertook to make penal the failure of the operator of a motor vehicle, when meeting a vehicle approaching in the opposite direction, to "turn his vehicle to the right so as to give one-half of the traveled roadway, if practicable, and a fair opportunity to the other to pass by without unnecessary interference" is too uncertain and indefinite in its terms to be capable of enforcement. Heath v. State, 36 Ga. App. 206, 136 S.E. 284 (1926), for comment, see 1 Ga. L. Rev. 49 (1927),(decided under former Code 1910, § 1770(52)).
When two cars are "meeting" each other.
- When a car traveling along a public highway had been brought to a stop in the highway, and another car was approaching it from the front, both cars, notwithstanding one was stationary, were "meeting" each other in the sense of former Code 1910, § 1770. Roberts v. Phillips, 35 Ga. App. 743, 134 S.E. 837 (1926), aff'd, 166 Ga. 897, 144 S.E. 651 (1928) (decided under former Code 1910, § 1770(52)).
Proof of failure to give one-half of roadway not found.
- Charges in an indictment that the defendant failed and refused to give the deceased a fair opportunity to pass by without unnecessary interference, it being practical to give one-half of the travelled roadway, were not sustained by the proof, since the evidence showed that the cars collided on a temporary bridge which was less than 12 feet wide and too narrow to permit two automobiles to pass each other thereon. Shupe v. State, 36 Ga. App. 286, 136 S.E. 331 (1927) (decided under former Code 1910, § 1770(52)).
No duty to construct impact-proof guardrails.
- There is no legal duty on a railroad company to construct the guardrails of a bridge sufficiently strong to withstand the impact of an automobile going at the rate of 20 to 25 miles per hour. Corley v. Cobb County, 21 Ga. App. 219, 93 S.E. 1015 (1917); Eberhart v. Seaboard Air-Line Ry., 34 Ga. App. 49, 129 S.E. 2, cert. denied, 34 Ga. App. 836 (1925) (decided under former Code 1910, § 1770(52)).
Driving on right not absolute.
- Statutory requirements to drive on right side of roadway, on their face, are not absolute and do not prohibit driving on the left at all places and in all circumstances. Davis v. Metzger, 119 Ga. App. 750, 168 S.E.2d 866 (1969).
Cited in Raybon v. Reimers, 138 Ga. App. 511, 226 S.E.2d 620 (1976); Wilson v. State, 147 Ga. App. 560, 249 S.E.2d 361 (1978).
RESEARCH REFERENCES
Am. Jur. 2d.
- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 247, 254.
C.J.S.- 60A C.J.S., Motor Vehicles, §§ 652, 709, 711, 715.
ALR.- Automobiles: duty and liability with respect to giving audible signal before passing, 22 A.L.R.3d 325.