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. |
