Chapter 672-4 ENFORCEMENT OF THE PROVISIONS IN CODE SECTION 32-6-29, O.C.G.A. RELATING TO CRIMINAL VIOLATIONS
Department employees authorized by the provisions of this
Chapter to exercise the powers herein shall do so with discretion, with proper
regard for the rights of the public, making all efforts to avoid unnecessary
loss of or damage to private property, provided that nothing herein shall in
any way impose liability upon the Department or its
employees.
Under the authority contained in Code Section
32-6-29,
O.C.G.A., the Commissioner of Transportation, by resolution, has designated
specified individuals of the permit and enforcement teams of the Department who
will have the authority to enforce the provisions of Code Section
32-6-21,
O.C.G.A.,"Securing loads on vehicles"; Code Section
32-6-22,
O.C.G.A.,"Height of vehicles and loads"; Code Section
32-6-23,
O.C.G.A.,"Width of vehicles and loads"; Code Section
32-6-24,
O.C.G.A.,"Length of vehicles and loads"; and Code Section
32-6-29,
O.C.G.A.,"Duty of department to enforce article and paragraph (15) of
subsection (a) of Code Section
32-2-2;
enforcement officers."
| (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. |
|
| (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. |
|
| (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 and inspect a load or
vehicle, the operator of which he has reason to believe is violating fuel tax
or license tag laws or provision of Article 2 of Chapter 6 of Title 32,
O.C.G.A. |
| (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,
if any, 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 Section
32-6-30
O.C.G.A., and as appropriate the licensing provisions of Code Sections
48-10-1
through
48-10-12,
O.C.G.A., or the fuel tax provisions of Code Sections
48-9-8
and
48-9-39,
O.C.G.A. |
| (3) |
When a vehicle or load
stops pursuant to the Department employee's order as provided in paragraph (1)
of this Rule, such employee will record any violation and report it to the
State Department of Revenue, unless the violation is the absence of a license
tag. |
| (4) |
If the vehicle or load
does not have a license tag, the operator will be held and released to an
appropriate law enforcement official; provided, that the vehicle or load will
first be taken to the nearest maintenance barn, police impoundment yard, or
other relatively secure place approved by the Department, if in the Department
employee's discretion, this is necessary for the safety of the vehicle or
load. |
| (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 question a person violating
Code Section
16-11-43,
O.C.G.A., of the Criminal Code of Georgia relating to the obstruction of
highways or any public road which is part of the State Highway
System. |
| (2) |
If it is determined
that the obstruction of the highway is not authorized by a permit, the
Department employee will order that the obstruction be immediately removed. A
citation form will be filled out and the person who caused the obstruction will
be released to the appropriate law enforcement official. The Department
employee may take whatever actions are necessary to clear or remove the
obstruction from the highway if it is determined to be unsafe. The removal of
the obstruction will be at the expense of the person who created it, provided
that the Department or political subdivision involved in the clearing or
removal assumes no liability for the custody or care of removed articles,
materials, vehicles, or other related items. |
| (1) |
Any Department
employee designated under the provisions of Rule
672-4-.02 of the Rules of the State
Department of Transportation has the authority, based on an agreement between
himself and an arrested vehicle operator, to accept the vehicle operator's
valid driver's license as a bail bond for misdemeanor violations of the Laws
and Rules relating to dimensions of vehicles and loads. This procedure will not
be acceptable for insecure load violations, highway obstruction violation,
litter violations, interference with government property violations, or any
violations relating to refusing to weigh. |
| (2) |
Only Department of Public Safety Form
DPS32A shall be used as a Temporary Driver's License Permit when Driver's
License is used as Bail. Copies of Form DPS32A, Driver's License Bail Receipt,
may be obtained from the Department of Public Safety, P.O. Box 1456, Atlanta,
Georgia 30301. |
| (3) |
A Driver's
License Bail Receipt, previously given to a driver when his license was
surrendered as Bail, will not be accepted as Bail on any violation. |
In addition to any other conditions imposed, all vehicles
hauling logs or pulpwood on the public roads of this State shall secure the
load in the following manner:
| (a) |
Each
load of pulpwood or logs transported upon any public road or highway in thin
State by any vehicle equipped with permanent, fixed, or trip standards shall be
secured with binder chains of at least one-quarter inch high-tensile strength
or cables, straps, or other chains of equivalent strength. All such chains,
cables, or straps shall be equipped with a tightening device. All pallets or
racks used to carry pulpwood or logs shall be bound to the frame or body of the
truck or trailer at the bottom. The driver shall be required to examine such
chains, cables, or straps and the safety of the load before departing from the
point of origin. |
| (b) |
Each load of
short pulpwood loaded perpendicular to the axis of the truck body shall be
required to be secured by only one binder chain or cable, strap, or other chain
meeting the specifications provided in paragraph (a) of Rule 672-4-.08.
|
| (c) |
Each tree length load of
pulpwood or logs shall be required to be secured with no less than two binder
chains or cables, or straps or other chains meeting the specifications provided
in paragraph (a) of Rule 672-4-.08 which shall be located approximately at the
center and end of the load. |
| (d) |
Each load of pulpwood or cut logs loaded on multiple racks, where each rack is
individually loaded, shall be required to be secured by only one binder chain
or cable, strap, or other chain meeting the specifications of paragraph (a) of
Rule 672-4-.08. |
