Inspection of Vehicles by Officers of the Department of Public Safety; Certificate of Inspection; Procedure for Noncompliant Vehicle

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  1. The commissioner of public safety and members of the Department of Public Safety, and such other officers and employees of the department as the commissioner may designate, may at any time, upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law or that its equipment is not in proper adjustment or repair, require the driver of such vehicle to stop and submit such vehicle to an inspection and such tests with reference thereto as may be appropriate.
  2. In the event such vehicle and its equipment are found to be in safe condition and in full compliance with the law, the officer making such an inspection shall issue to the driver an official certificate of inspection and approval of such vehicle specifying those parts or equipment so inspected and approved.
  3. In the event such vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy to the department. Such notice shall require that such vehicle be placed in safe condition and its equipment in proper repair and adjustment specifying the particulars with reference thereto and shall require that a certificate of inspection and approval be obtained within 30 days.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 124; Ga. L. 1960, p. 950, § 1; Ga. L. 1963, p. 333, § 1; Ga. L. 1965, p. 188, § 2.)

Cross references.

- Authority of law enforcement officers to stop vehicles for determination of compliance with vehicle size, weight, and other laws, § 32-6-30.

OPINIONS OF THE ATTORNEY GENERAL

Removal of vehicles from roadways by officers.

- Officer may not remove vehicle from roadway simply because the officer determines the vehicle is not safe for operation. 1974 Op. Att'y Gen. No. 74-99.

Thirty-day grace period provided by Ga. L. 1965, p. 188, § 2 (see now O.C.G.A. § 40-8-200) relates only to special inspections, and has no application to annual inspections. 1970 Op. Att'y Gen. No. U70-113.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 220, 221. 8 Am. Jur. 2d, Automobiles and Highway Traffic, §§ 733, 1064.

C.J.S.

- 60 C.J.S., Motor Vehicles, § 43 et seq. 60A C.J.S., Motor Vehicles, § 621 et seq.


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