Legal Question in Traffic Law in Georgia

truck route violation

I recieved a citation for ''truck route violation'' while traveling south on I-85 through atlanta, a 5 lane interstate highway. How can this be a city or county law on a federal interstate highway that I pay a road use tax on every year to use? Thank you very much.


Asked on 3/28/03, 7:19 pm

1 Answer from Attorneys

Deric Beaudoin Mabry & McClelland, LLP

Re: truck route violation

It can be a state or city law becuase the highway passes through the state and the state has the responsibility for enforcing the laws within their state. Therefore, the enforcing body on the highways will be either the Georgia State Patrol or each particular county's sherrif department or police agency, as I am sure you recognize as you pass through the state on the highway - some areas have sheriff's deputies out there and some areas have GSP's or local police. There are also signs posted that you as commercial drivers are trained and responsible to look for and proceed accordingly. Therefore, once you are put on notice of a "trucks use 285" warning it is not your discretion whether to follow the sign or not. If you wish to argue defenses to this you may but the citation is perfectly permissible. Also, just because you pay a use tax does not mean that you are excused from government regulation and or control. The use taxes that you pay are used for highway repairs that are paid for in part by the federal government through grants or funding to the states for repair and expansion projects.

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Answered on 3/29/03, 12:20 pm


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