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Official Code of Georgia Annotated

Title 40. MOTOR VEHICLES AND TRAFFIC · Chapter 6. UNIFORM RULES OF THE ROAD · Article 10. STOPPING, STANDING, AND PARKING · Part 1. GENERAL PROVISIONS

40-6-206. When police officers may remove vehicles; uninsured vehicles.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Whenever any police officer finds a vehicle in violation of any of the provisions of Code Section 40-6-202, such officer is authorized to move such vehicle or require the driver or other person in charge of the vehicle to move it to a position off the roadway.#

  2. (b)

    Any police officer is authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge, or causeway or in any tunnel.#

  3. (c)

    Any police officer is authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when:#

    1. (1)

      Report has been made that such vehicle has been stolen or taken without the consent of its owner;#

    2. (2)

      The person or persons in charge of such vehicle are unable to provide for its custody or removal;#

    3. (3)

      The person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay;#

    4. (4)

      Any such vehicle has been left unattended for 24 hours or more; or#

    5. (5)

      Such vehicle is stopped, except when traffic congestion makes movement impossible, on a controlled-access highway which is part of The Dwight D. Eisenhower System of Interstate and Defense Highways for more than eight hours, unless such vehicle constitutes a traffic hazard, in which case it may be removed immediately.#

  4. (d)

    Because uninsured vehicles pose a threat to the public safety and health, any law enforcement officer is authorized to remove or cause to be removed to the nearest garage or other place of safety the vehicle of a person who is charged under subsection (a) or (b) of Code Section 40-6-10 if such person admits to the law enforcement officer that there is no insurance in effect on the vehicle or if the law enforcement officer verifies that the proof of insurance provided by such person is fraudulent.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 91; Code 1933, § 68A-1002, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1975, p. 1286, § 1; Ga. L. 1985, p. 149, § 40; Ga. L. 1987, p. 542, § 5; Ga. L. 1990, p. 2048, § 5; Ga. L. 2000, p. 136, § 40.

Code Commission notes

Pursuant to Code Section 28-9-5, in 2001, a comma was deleted following ‘‘Defense Highways’’ in paragraph (c)(5).

Cross references

Right of person to have removed any car parked without authorization upon property possessed by such person, § 44-1-13.

Law reviews

For comment on Wilkinson v. Townsend, 96 Ga. App. 179, 99 S.E.2d 539 (1957), see 9 Mercer L. Rev. 372 (1958).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t40-ch6-16-(v29)-2018-pdf.pdf, Volume V29, 2018 edition, pages 180 to 181; merge action: carried; file SHA-256 82c1b132c971.

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