Current through Rules and Regulations filed through December 27, 2023
(1) A Department employee designated under
the provisions of Rule
672-4-.02 of the Rules of the State
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
Sections
32-6-22, 32-6-23 or
32-6-24, O.C.G.A., relating to dimensions of vehicles and loads.
(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 the provisions of Code
Sections
32-6-22, 32-6-23 or
32-6-24, O.C.G.A., as applicable.
(3) When
the operator of a vehicle or load stops pursuant to a Department employee's
order as provided in subparagraph (1) of this section, such employee will
proceed as follows:
(a) First he shall inspect
the vehicle or load to see if there is a violation of Code Sections
32-6-22, 32-6-23 or
32-6-24, 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 or conduct the operator to an appropriate law enforcement official, and
release 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 interests 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, he will be permitted to unload whatever materials are causing the
oversize violation or to otherwise bring the vehicle or load within the legal
limits and 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 materials left by the operator.
If the size of the vehicle or load cannot be changed to meet the legal height,
width, or length requirements, the vehicle or load which is nonconforming will
not be moved until and unless a permit for its operation is obtained from the
Office of Permits and Enforcement, under the procedures set forth in Chapter
672-2, Rules of the State Department of Transportation.
Ga. Code Secs. 68-9921,
95A-303, 95A-961,
32-2-2(b) and
50-13-4, O.C.G.A.
Original Rule entitled
"Powers and Procedures for Enforcement of Limits on Dimensions of Vehicles and
Loads" was filed on August 9, 1973;
effective August 29, 1973.
Amended: Filed November 4,
1988; effective November 24, 1988.
