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-.04 - Powers and Procedures for Enforcement of Limits on Dimensions of Vehicles and 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 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.