Georgia Traffic Laws

Below is the complete text of Georgia’s Traffic Laws. After each section, you will find a Brief Summary to help explain that section. If you need legal assistance now, please submit your information to our Georgia Traffic Lawyers or call 404-315-9936 for immediate help.

Disclaimer:  There may be more recent changes to the code that are not reflected here. For the most up-to-date information, consult the official  Code of Georgia Annotated, the most recent version, or seek legal counsel.

General Reference – Code of Georgia Annotated (Code of 1981)

Basis for a Speed Law Violation

Basic Speed Rule

Text of Law:
No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards than existing. §40-6-180

Brief Summary:
The Basic Speed Rule in Georgia requires drivers to operate their vehicles at speeds that are reasonable and prudent under current road, traffic, and weather conditions. Essentially, even if you are within the speed limit, you must slow down if conditions demand greater caution.

Statutory Speed Limit

Text of Law:

• 70 MPH(1) on interstate system or on physically divided highways
  See Other below. outside of urban areas with a population ≥ 50,000 40-6-181(b)(2)
• 65 MPH(1) on the interstate system inside urban areas with a population ≥ 50,000 40-6-181(b)(3)
• 65 MPH(1) on State divided highways without full access control 40-6-181(b)(4)
• 55 MPH on other locations 40-6-181(b)(5)
• 30 MPH in urban or residential district 40-6-181(b)(1)
• 35 MPH on unpaved county road 40-6-181(b)(1.1)

Brief Summary:
Georgia sets different default speed limits depending on the type of road and local population density. Always watch for posted signs, as traveling speeds may vary based on whether the area is urban, rural, or if it’s an interstate highway.

Posted (Maximum) Speed Limit

Text of Law:

1. Based on engineering and traffic investigations, either the State Commissioner of Public Safety or the Commissioner of Transportation may lower the maximum speed limit on any highway.(2) 40-6-182
2. Based on engineering and traffic investigations, local governments, within their jurisdictions, may lower the maximum speed limit on any highway. However, such a limit shall neither be less than 30 MPH outside an urban or residential district nor less than 25 MPH within such districts. 40-6-183(a)
3. The State or a local government, within its jurisdiction, may establish a maximum speed limit in a construction zone. 40-6-188

Brief Summary:
Authorities in Georgia can lower speed limits when necessary to ensure safety. This can happen on any highway or within construction zones. Pay special attention to construction zone signage since penalties can be more severe.

Minimum Speed Limit

Text of Law:

1. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. 40-6-184(a)(1)
2. Except when turning left, a person shall not drive in the left lane of a highway, with at least 4 lanes, at less than the maximum speed limit.(3) 40-6-184(a)(2)

Brief Summary:
Driving too slowly can be just as dangerous as speeding. In Georgia, it is illegal to drive at a speed so slow that it disrupts normal traffic flow. On multi-lane highways, you must keep up with the flow if you are in the left lane.

Posted (Minimum) Speed Limit

Text of Law:
Based on engineering and traffic investigations, the State or a local government, within its jurisdiction, may establish a minimum speed limit on any highway. §40-6-184(b)

Brief Summary:
When posted, minimum speed limits must be obeyed to prevent traffic backups and potential accidents. Always be aware of any specific minimum speed signs, particularly on major highways.

Other

Text of Law:
A school bus shall not be operated at a speed >40 MPH or >55 MPH on interstate/defense highway system while transporting children to and from school activities.(4) §40-6-160

Brief Summary:
School buses have their own specialized maximum speeds. These lower limits help ensure the safety of children traveling to and from school events.

Adjudication of Speed Law Violations

Civil/Criminal Adjudication of Violation

Text of Law:
Except as Noted, All Speed Law Violations are Misdemeanors. §40-6-1
Other: Speeding in a Construction Zone is a Misdemeanor of a High and Aggravated Nature. §40-6-188(c)

Brief Summary:
Most speeding violations in Georgia are considered misdemeanors, but offenses in construction zones carry harsher consequences and are classified as misdemeanors of a high and aggravated nature.

Sanctions Following an Adjudication of a Speed Law Violation

Criminal Sanctions

Imprisonment: Term (Day, Month, Years, Etc.):

• Speed Law Violations — Not more than 12 months §17-10-3(a)(1)
• Speeding in a Construction Zone — Not more than 12 months §40-6-188(c)

Mandatory Minimum Term: None

Fine: Amount ($ Range):

• Speed Law Violations — Not more than $1,000 §17-10-3(a)(1)
• Speeding in a Construction Zone — $100 to $2,000 §40-6-188(c)

Mandatory Min. Fine ($): None

Other Penalties:

• Traffic School: A driver may be required to attend a driver improvement course.(5) §40-5-57(c)(1)(C)

Brief Summary:
Penalties for speeding can include fines and, in some cases, jail time up to 12 months. Construction zone violations can lead to steeper fines. Courts may also order drivers to attend traffic school.

Licensing Action

Text of Law:
Type of Licensing Action (Susp/Rev): Suspension via the Point System(6) §40-5-57

Term of License Withdrawal (Days, Months, Years, etc.):
1 to 5 years depending on the number of points that have been accumulated. §40-5-57(d)

Mandatory Minimum Term of Withdrawal:
2 years upon reaching the requisite point assessment for the third time within 5 years(7) §40-5-57(d)(3)

Brief Summary:
Georgia’s point system can lead to a suspended license if you accumulate 15 or more points within 24 months. Repeat offenses can result in longer suspension periods, including a mandatory 2-year suspension on a third offense within five years.

Other Criminal Actions Related to Speeding

Racing on Highway(8)

Text of Law:
Misdemeanor §40-6-186(b) & (c)

Sanctions:

Criminal Sanction:

• Imprisonment (Term): Not more than 12 months §17-10-3(a)(1)
• Mandatory Minimum Term of Imprisonment: None
• Fine ($ Range): Not more than $1,000 §17-10-3(a)(1)
• Mandatory Minimum Fine: None

Administrative Licensing Action:

• Licensing Authorized and Type of Action: Suspension §40-5-54(a)(4) & 40-6-186(c) / Suspension via the Point System(6) §40-5-57
• Length of Term of Licensing Withdrawal: 12 months §40-6-186(c) / Via the Point System 1 to 5 years depending on the number of points that have been accumulated. §40-5-57(d)

Brief Summary:
Engaging in highway racing is a serious misdemeanor in Georgia. Convictions can lead to jail time and license suspension, with suspension lengths depending on previous offenses and point accumulation.

Racing on Highway (continued)

Text of Law:
Mandatory Action – Minimum Length of License Withdrawal: None(9)
If via the Point System – 2 years upon reaching the requisite point assessment for the third time within 5 years(7) §40-5-57(d)(3)
Other: A driver may be required to attend a driver improvement course.(5) §40-5-57(c)(1)(C)

Brief Summary:
Repeated racing offenses that accumulate enough points can result in a mandatory 2-year license suspension. Drivers can sometimes reduce penalties by completing a driver improvement course, though this option is limited.

Reckless Driving

Text of Law:
Misdemeanor §40-6-390(a) & (b)

Sanction:

Criminal:

• Imprisonment (Term): Not more than 12 months §40-6-390(b)
• Mandatory Minimum Term of Imprisonment: None
• Fine ($ Range): Not more than $1,000 §40-6-390(b)
• Mandatory Minimum Fine: None

Administrative Licensing Actions:

• Type of Licensing Action (Susp/Rev): Suspension via the Point System(6) §40-5-57
• Length of Term of License Withdrawal Action: 1 to 5 years depending on the number of points that have been accumulated. §40-5-57(d)
• Mandatory Term of License Withdrawal Action: 2 years upon reaching the requisite point assessment for the third time within 5 years(7) §40-5-57(d)(3)

Brief Summary:
Reckless driving is treated as a misdemeanor with potential jail time and fines. Accumulating multiple offenses can lead to increasingly severe license suspensions under Georgia’s point system.

Driving in Circular or Zigzag Course (Laying Drags)(10)

Text of Law:
Misdemeanor §40-6-251(a) & (d)

Sanction:

Criminal:

• Imprisonment (Term): Not more than 12 months §17-10-3(a)(1)
• Mandatory Minimum Term of Imprisonment: None
• Fine ($ Range): Not more than $1,000 §17-10-3(a)(1)
• Mandatory Minimum Fine: None

Administrative Licensing Actions:

• Type of Licensing Action (Susp/Rev): Suspension via the Point System(6) §40-5-57
• Length of Term of License Withdrawal Action: 1 to 5 years depending on the number of points that have been accumulated. §40-5-57(d)
• Mandatory Term of License Withdrawal Action: 2 years upon reaching the requisite point assessment for the third time within 5 years(7) §40-5-57(d)(3)
• Other: A driver may be required to attend a driver improvement course.(5) §40-5-57(c)(1)(C)

Brief Summary:
“Laying drags” or intentionally causing a vehicle to zigzag or spin in a circular course is illegal and considered a misdemeanor. Convictions can lead to fines, possible jail time, and points toward license suspension.

Commercial Motor Vehicle (CMV) Operators(11)

Grounds for Disqualification

Text of Law:
A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 “serious traffic violations”(12) within a 3 year period or (2) commit 3 such violations within a 3 year period. §40-5-151(g)

Period of Disqualification

Text of Law:

• 2 serious violations (within 3 years) — Not less than 60 days
• 3 serious violations (within 3 years) — Not less than 120 days
  40-5-151(g)

Period of Mandatory Disqualification

Text of Law:

• 2 serious violations (within 3 years) — 60 days
• 3 serious violations (within 3 years) — 120 days
  40-5-151(g)

Brief Summary:
Commercial drivers face stricter consequences for traffic violations. Multiple serious violations within a three-year period lead to mandatory disqualification from driving a commercial motor vehicle.

Footnotes (As Provided)

1. Provided speed limit signs, appropriately designating this speed limit, have been posted on the highway.
2. This includes the establishment of different highway speed limits either (1) at different times of the day, (2) for various weather conditions or (3) for other factors bearing on safe speeds. §40-6-182 Note: The law does not specifically allow State authorities to establish different speed limits for different types of vehicles.
3. This only applies if the driver is aware that they are being overtaken in the left lane by vehicles traveling at a greater rate of speed.
4. There is an exception. A school bus may be operated on other roads at a speed >55 MPH provided the vehicle is only transporting children to and from an event and is not loading or unloading children during the transportation. §40-6-160(b)
5. If a driver attends a driver improvement course after the issuance of the citation but before they make a court appearance, the court shall reduce the fine by 20 percent and the licensing agency shall assess no points against the violator. This procedure is allowed only once in 5 years. §40-5-57(c)(1)(C)

6. Point System.

   • I. A person’s license is subject to suspension if they accumulate 15 or more points within a 24 month period. At the end of the suspension period, the point count is reduced to zero. Upon reaching the requisite point assessment for the first time, the license suspension is for 1 year. Upon reaching the requisite point assessment for the second time within 5 years, the license suspension is for 3 years. Upon reaching the requisite point assessment for the third time within 5 years, the license suspension is for 5 years; 2 years of this suspension period are mandatory. §40-5-57(c)(1)(B) & (d)
   • II. The following points are assessed for speeding and speed-related violations:
     • Reckless driving-4 points
     • Exceeding the speed by >14 MPH but <19 MPH-2 points
     • Exceeding the speed by >19 MPH but <24 MPH-3 points
     • Exceeding the speed by >24 MPH but <34 MPH-4 points
     • Exceeding the speed by >34 MPH-6 points
     • Other moving violations-3 points
       Important. No points are assessed for driving too fast for conditions. §40-5-57(c)(1)(A)

7. Hardship License.

   Except as indicated, a person may be issued a limited license for the purpose of either (1) going to and from a place of employment or performing employment duties, (2) receiving medical care or obtaining medications or (3) attending either educational institutions, alcohol/drug abuse support groups or a court-ordered driver improvement course. §40-5-64

8. Early License Reinstatement.

   For a license suspension based upon reaching the requisite point assessment for the first time, the license may be reinstated immediately when the person completes a driver improvement course. For a license suspension based upon reaching the requisite point assessment for the second time within 5 years, the license may be immediately reinstated upon the completion of an “advanced” driver improvement course. §40-5-84(c) & (d)

9. Racing on the highways includes “any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record….” §40-6-186(b)

10. Hardship License.

    A person may be issued a limited license for the purpose of either (1) going to and from a place of employment or performing employment duties, (2) receiving medical care or obtaining medications or (3) attending either educational institutions, alcohol/drug abuse support groups or a court-ordered driver improvement course. §40-5-64

11. Early License Reinstatement

12. For a license suspension based upon a first offense, the license may be reinstated after 120 days upon the completion of a driver improvement course. And, for a license suspension based upon a second offense, the license may be reinstated after 120 days upon the completion of an “advanced” driver improvement course. §40-5-84(a) & (b)
13. This offense is defined as operating a “vehicle upon the streets, highways … in such a manner as to create a danger to persons or property by intentionally and unnecessarily causing the vehicle to move in a zigzag or circular course or to gyrate or spin around,….” §40-6-251(a)
14. A person who has obtained a commercial driver’s license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which require the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §40-5-142(7)
15. A “serious traffic violation” includes exceeding the speed limit by 15 or more MPH or reckless driving. §40-5-142(22)

Need Legal Assistance?

If you require legal assistance or have questions about Georgia’s traffic laws, please submit your information to our Georgia Traffic Lawyers or call 404-315-9936 for immediate help.

Note: These laws and their interpretations may change. Always refer to the official Code of Georgia Annotated or consult a legal professional for the most current legal guidance.