Articles Tagged with Ga Cmv Regulations

Driving Without Securing A Load

No motor vehicle may carry a load that is not adequately secured to prevent it from falling off or shifting onto the roadway such as to create a safety hazard.  This rule could be used in conjunction with the FMCSR where a load problem causes an accident.  However, this code section is specifically limited to operating a vehicle without adequately securing a load, and would not be the basis of a claim against a shipper who loads a truck but does not operate it.

Use of Radios, Mobile Telephones, and Wireless Devices

Operation on Multi-lane Highways

Trucks (defined for the purposes of this Rule of the Road as all vehicles with over six wheels other than buses and motorcoaches) are prohibited from operating in the left lane on highways with three or more lanes traveling in the same direction unless they are preparing for a left turn. On highways of two lanes traveling in the same direction, trucks may only operate in the left lane if actually overtaking and passing another vehicle or preparing for a left turn. On interstate highways with four or more lanes traveling in the same direction, the Georgia Department of Transportation may designate specific lanes that trucks may or may not use by erecting proper signage. The manner in which regulation incrementally restricts a truck’s use of Georgia roadways dependent on the available number of lanes is worth noting for a few reasons. It may even be helpful to read the statute accordingly.

The Rule Of Two Lanes

Negligence Per Se and the Standard of Care

The Georgia General Assembly has codified certain minimum standards for the operation of motor vehicles on Georgia public roadways, including CMVs. A violation of a “Rule of the Road” constitutes negligence per se, so long as traditional elements such as proximate cause are also present. Further, the Rules of the Road apply to parking lots, shopping centers, and other similar areas which, although privately owned, are customarily used as a through streets or connector streets. Other provisions of the O.C.G.A. may make the Rules of the Road applicable to other private or common areas; therefore, when it appears a wreck has occurred in such an area, a review of the relevant statute may be necessary. In the context of a motor carrier, it is important to note that the general rule is that a federal safety regulation will not pre-empt a conflicting state or local safety regulation. Therefore, while it is unlikely that the Georgia ROR would create an impossible conflict with the FMCSR, but this possibility must be kept in mind.

CMV Driver: Ordinary Care Or Diligence