Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-4 - ENFORCEMENT OF THE PROVISIONS IN CODE SECTION 32-6-29, O.C.G.A. RELATING TO CRIMINAL VIOLATIONS › Rule 672-4-.03 - Powers and Procedures for Enforcement of Proper Securing of Loads

Current through Rules and Regulations filed through June 27, 2024
(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.