GA Code § 40-6-6 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 6 - Uniform Rules of the Road|Article 1 - General Provisions|§ 40-6-6. Authorized Emergency Vehicles; Pursuit of Fleeing Suspects

  The driver of an authorized emergency vehicle or law enforcement vehicle, when responding to an emergency call, when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this Code section.   The driver of an authorized emergency vehicle or law enforcement vehicle may:   Park or stand, irrespective of the provisions of this chapter;   Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;   Exceed the maximum speed limits so long as he or she does not endanger life or property; and   Disregard regulations governing direction of movement or turning in specified directions.     The exceptions granted by this Code section to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal and use of a flashing or revolving red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that a vehicle belonging to a federal, state, or local law enforcement agency and operated as such shall be making use of an audible signal and a flashing or revolving blue light with the same visibility to the front of the vehicle.     The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons.   When a law enforcement officer in a law enforcement vehicle is pursuing a fleeing suspect in another vehicle and the fleeing suspect damages any property or injures or kills any person during the pursuit, the law enforcement officer's pursuit shall not be the proximate cause or a contributing proximate cause of the damage, injury, or death caused by the fleeing suspect unless the law enforcement officer acted with reckless disregard for proper law enforcement procedures in the officer's decision to initiate or continue the pursuit. Where such reckless disregard exists, the pursuit may be found to constitute a proximate cause of the damage, injury, or death caused by the fleeing suspect, but the existence of such reckless disregard shall not in and of itself establish causation.   The provisions of this subsection shall apply only to issues of causation and duty and shall not affect the existence or absence of immunity which shall be determined as otherwise provided by law.   Claims arising out of this subsection which are brought against local government entities, their officers, agents, servants, attorneys, and employees shall be subject to the procedures and limitations contained in Chapter 92 of Title 36.     It shall be unlawful for any person to operate an authorized emergency vehicle with flashing lights other than as authorized by subsection (c) of this Code section.    (Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 26; Code 1933, § 68A-107, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5; Ga. L. 1995, p. 855, § 1; Ga. L. 2002, p. 579, § 4.)   Cross references.   - Operation of ambulances and ambulance services generally, T. 31, C. 11.    Equipment of law enforcement and emergency vehicles, § 40-8-90 et seq.   Law reviews.   - For article, "The Fall and Rise of Official Immunity," see 25 Ga. St. B.J. 93 (1988). For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001). For survey article on local government law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 353 (2003). For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. 511 (2006). For annual survey on local government law, see 64 Mercer L. Rev. 213 (2012). For annual survey on local government law, see 65 Mercer L. Rev. 205 (2013). For note on the 1995 amendment of this Code section, see 12 Ga. St. U.L. Rev. 295 (1995). For note on the 2002 amendment of this Code section, see 19 Ga. St. U.L. Rev. 243 (2002).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Application   Jury Instructions and Issues    RESEARCH REFERENCES   Am. Jur. 2d.   - 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 226, 298 et seq.   Negligent Operation of Emergency Vehicle, 10 POF3d 203.   C.J.S.   - 60A C.J.S., Motor Vehicles, § 870 et seq.   ALR.    - Applicability of motor vehicle regulations to public officials or employees, 19 A.L.R. 459; 23 A.L.R. 418.    Validity of statute or ordinance giving right of way in streets or highways to certain classes of vehicles, 38 A.L.R. 24.   Liability for personal injury or damage from operation of fire department vehicle, 82 A.L.R.2d 312.   Liability arising from accidents involving police vehicles, 83 A.L.R.2d 383.   Liability of governmental unit or its officer for injury or damage from operation of vehicle pursued by police, 83 A.L.R.2d 452.   Propriety of and liability arising from police use of precision immobilization technique or similar act, 42 A.L.R.7th Art. 2.