Rules and Regulations

Rules and Regulations for Chapter 375-1-3

375-1-3-.02 Procedures for Enforcement.

(1)  Each officer authorized by the provisions of Ga. Admin. Comp. Ch. 375-1-3-.01 to exercise the powers therein shall do so with discretion and proper regard for the rights of the public and will make all efforts to avoid loss of or damage to private property, providing that nothing herein shall in any way impose liability upon the Department or its personnel.

(2)  If the driver of a vehicle or load of which one or more of the axle weights exceed legal limits so requests, the driver shall be permitted to shift his load so as to bring the axle weights within legal limits, provided that he may do so within a reasonable time, in a safe manner, and provided further that such shifting of a load does not require so much time as to interfere with other enforcement duties of the officer. The original weight shall be used as the basis for the assessment in the event that the load on the axles cannot be shifted to bring each axle within the legal limit.

(3)  In many cases, particularly where the vehicle is not weighed at an inspection station, it will be impractical for the driver to leave unattended the excess weight required to be unloaded by Code Section 32-6-27(e) or such excess weight may be incapable of being unloaded and subsequently reloaded, as is the case with liquids. In these circumstances, the officer is authorized to order the driver to proceed with him to the nearest police impoundment yard or other relatively secure place approved by the Department. Upon arrival at such impoundment area, the driver will be permitted to remain with the vehicle or load for a reasonable time. If the driver is willing and able within a reasonable time to unload the required excess weight, the driver shall then be permitted to proceed with the vehicle and its remaining load, provided that the Department or the political subdivision having control of the impoundment yard assumes no liability for the custody or care of the unloaded excess weight left by the driver.

(4)  Any officer of the Department authorized by the Commissioner to enforce the provisions of Code Section 32-6-27 may issue to the owner or operator of any offending vehicle, a citation which shall state with specificity the offense committed and the amount of money to be assessed therefrom.

 

Authority: O.C.G.A. ยง 32-2-27(b) and 50-13-4.
Filed Date: 6/19/2003
Effective Date: 7/9/2003