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New Georgia Law Sets Procedure for Passing Garbage Trucks

Posted by Sean A. Black | Jul 07, 2015 | 0 Comments

The legislature this year added a new statute, OCGA 40-6-16.1, a companion to OCGA 40-6-16 which deals with passing emergency vehicles.  OCGA 40-6-16 is known as the "move over" law.

The new statute is basically a "move over" law for sanitation vehicles.  The law applies to such vehicles operated as authorized by a county or municipal governing authority and displaying flashing yellow, amber, white or red lights.

Drivers are required to approach the vehicle with "due caution."  The law requires approaching drivers to move into a lane not adjacent to the vehicle if possible.  If such a lane change is not possible or would be unsafe, then the driver is directed to slow the driver's speed to a speed which is at least ten miles per hour less than the posted limit or 25 mph, whichever is greater.  

The violation carries a fine of up to $250.  The violation is not, surprisingly, a misdemeanor, and, therefore, an offender cannot be sentenced to jail or probation.  

The law applies to vehicles traveling in the the same direction and the opposite direction as the vehicle with active sanitation workers.  

About the Author

Sean A. Black

Sean A. Black is a 1992 graduate of the Emory University School of Law. He has been in private practice in Toccoa, Georgia since June 1, 1992.

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