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Chapter 672-4 ENFORCEMENT OF THE PROVISIONS IN CODE SECTION 32-6-29, O.C.G.A. RELATING TO CRIMINAL VIOLATIONS

Rule 672-4-.01 General

Department employees authorized by the provisions of this Chapter to exercise the powers herein shall do so with discretion, with proper regard for the rights of the public, making all efforts to avoid unnecessary loss of or damage to private property, provided that nothing herein shall in any way impose liability upon the Department or its employees.

Rule 672-4-.02 Designation of Enforcement Personnel

Under the authority contained in Code Section 32-6-29, O.C.G.A., the Commissioner of Transportation, by resolution, has designated specified individuals of the permit and enforcement teams of the Department who will have the authority to enforce the provisions of Code Section 32-6-21, O.C.G.A.,"Securing loads on vehicles"; Code Section 32-6-22, O.C.G.A.,"Height of vehicles and loads"; Code Section 32-6-23, O.C.G.A.,"Width of vehicles and loads"; Code Section 32-6-24, O.C.G.A.,"Length of vehicles and loads"; and Code Section 32-6-29, O.C.G.A.,"Duty of department to enforce article and paragraph (15) of subsection (a) of Code Section 32-2-2; enforcement officers."

Rule 672-4-.03 Powers and Procedures for Enforcement of Proper Securing of Loads

(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.

Rule 672-4-.04 Powers and Procedures for Enforcement of Limits on Dimensions of Vehicles and Loads

(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.

Rule 672-4-.05 Powers and Procedures for Enforcement of Fuel Tax and License Tag Laws

(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 and inspect a load or vehicle, the operator of which he has reason to believe is violating fuel tax or license tag laws or provision of Article 2 of Chapter 6 of Title 32, O.C.G.A.
(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, if any, 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 Section 32-6-30 O.C.G.A., and as appropriate the licensing provisions of Code Sections 48-10-1 through 48-10-12, O.C.G.A., or the fuel tax provisions of Code Sections 48-9-8 and 48-9-39, O.C.G.A.
(3) When a vehicle or load stops pursuant to the Department employee's order as provided in paragraph (1) of this Rule, such employee will record any violation and report it to the State Department of Revenue, unless the violation is the absence of a license tag.
(4) If the vehicle or load does not have a license tag, the operator will be held and released to an appropriate law enforcement official; provided, that the vehicle or load will first be taken to the nearest maintenance barn, police impoundment yard, or other relatively secure place approved by the Department, if in the Department employee's discretion, this is necessary for the safety of the vehicle or load.

Rule 672-4-.06 Powers and Procedures for Enforcement of Highway Obstruction Laws

(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 question a person violating Code Section 16-11-43, O.C.G.A., of the Criminal Code of Georgia relating to the obstruction of highways or any public road which is part of the State Highway System.
(2) If it is determined that the obstruction of the highway is not authorized by a permit, the Department employee will order that the obstruction be immediately removed. A citation form will be filled out and the person who caused the obstruction will be released to the appropriate law enforcement official. The Department employee may take whatever actions are necessary to clear or remove the obstruction from the highway if it is determined to be unsafe. The removal of the obstruction will be at the expense of the person who created it, provided that the Department or political subdivision involved in the clearing or removal assumes no liability for the custody or care of removed articles, materials, vehicles, or other related items.

Rule 672-4-.07 Powers and Procedures for Use of Driver's License as Bail Bond

(1) Any Department employee designated under the provisions of Rule 672-4-.02 of the Rules of the State Department of Transportation has the authority, based on an agreement between himself and an arrested vehicle operator, to accept the vehicle operator's valid driver's license as a bail bond for misdemeanor violations of the Laws and Rules relating to dimensions of vehicles and loads. This procedure will not be acceptable for insecure load violations, highway obstruction violation, litter violations, interference with government property violations, or any violations relating to refusing to weigh.
(2) Only Department of Public Safety Form DPS32A shall be used as a Temporary Driver's License Permit when Driver's License is used as Bail. Copies of Form DPS32A, Driver's License Bail Receipt, may be obtained from the Department of Public Safety, P.O. Box 1456, Atlanta, Georgia 30301.
(3) A Driver's License Bail Receipt, previously given to a driver when his license was surrendered as Bail, will not be accepted as Bail on any violation.

Rule 672-4-.08 Safety Restrictions on Hauling Logs and Pulpwood on Public Roads

In addition to any other conditions imposed, all vehicles hauling logs or pulpwood on the public roads of this State shall secure the load in the following manner:

(a) Each load of pulpwood or logs transported upon any public road or highway in thin State by any vehicle equipped with permanent, fixed, or trip standards shall be secured with binder chains of at least one-quarter inch high-tensile strength or cables, straps, or other chains of equivalent strength. All such chains, cables, or straps shall be equipped with a tightening device. All pallets or racks used to carry pulpwood or logs shall be bound to the frame or body of the truck or trailer at the bottom. The driver shall be required to examine such chains, cables, or straps and the safety of the load before departing from the point of origin.
(b) Each load of short pulpwood loaded perpendicular to the axis of the truck body shall be required to be secured by only one binder chain or cable, strap, or other chain meeting the specifications provided in paragraph (a) of Rule 672-4-.08.
(c) Each tree length load of pulpwood or logs shall be required to be secured with no less than two binder chains or cables, or straps or other chains meeting the specifications provided in paragraph (a) of Rule 672-4-.08 which shall be located approximately at the center and end of the load.
(d) Each load of pulpwood or cut logs loaded on multiple racks, where each rack is individually loaded, shall be required to be secured by only one binder chain or cable, strap, or other chain meeting the specifications of paragraph (a) of Rule 672-4-.08.