Current through Rules and Regulations filed through March 20, 2024
(1) A Department
employee designated under the provisions of Rule
672-4-.02 of the Rules of the
Department of Transportation has the authority to stop a load or vehicle, the
operator of which he has reason to believe is violating the provisions of Code
Section
32-6-21, O.C.G.A., relating to the proper securing of loads and vehicles.
(2) If such operator refuses to stop when so
ordered by such a Department employee, such employee may pursue the vehicle or
load for the purpose of obtaining the license number of such vehicle or load.
Thereafter such Department employee will file with an appropriate law
enforcement official a complaint for violation of Code Sections
32-6-21, O.C.G.A., and 32-6-30(b), O.C.G.A.
(3) When the operator of a vehicle or load
stops pursuant to a Department employee's order as provided in subparagraph (1)
of this Rule, such employee will proceed as follows:
(a) First he shall inspect the vehicle or
load to see if there is a violation of Code Section
32-6-21, O.C.G.A.;
(b) If there is a
violation, the Department employee will fill out a citation form. He then
either will detain the operator until an appropriate law enforcement official
arrives and releases the operator to the custody of such official or conduct
the operator to an appropriate law enforcement official and releases the
operator to such official, unless in the Department employee's discretion the
course of action provided in subparagraph (c) below appears to be in the best
interest of public safety and least liable to interfere with his enforcement
duties. It shall be an unlawful act, punishable as a misdemeanor, for the
operator to leave prior to such law enforcement official's arrival or to refuse
to accompany the Department employee to such law enforcement
official;
(c) If, in the discretion
of such Department employee, it is unsafe to leave such vehicle or load where
it was stopped, he may conduct the operator and his vehicle and load to the
nearest maintenance barn, police impoundment yard, or other relatively secure
place approved by the Department. Upon arrival at such place the Department
employee then either will detain the operator until an appropriate law
enforcement official arrives or will conduct the operator to an appropriate law
enforcement official, and release the operator to such official. The vehicle or
load will be permitted to remain in the impoundment area while the operator is
in the custody of the appropriate law enforcement official. Upon the operator's
release from the custody of the law enforcement official, the operator will be
permitted to unload whatever materials cannot be properly covered or loaded and
to proceed with the vehicle or load, provided that the Department or the
political subdivision having control of the impoundment area assumes no
liability for the custody or care of unloaded material left by the
operator.
Ga. Code Secs. 68-9921
and 95A-303; Sections
32-2-2(b), 50-13-4.
O.C.G.A.
