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Senate Bill 436
By: Senators Watson of the 11th, Goodman of the 8th, Anderson of the 24th, Walker III of
the 20th, Ginn of the 47th and others
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Part 1B of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia
1
Annotated, relating to operation of farm use vehicles, so as to define a term; to provide for2
related matters; to repeal conflicting laws; and for other purposes.3
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:4
SECTION 1.5
Part 1B of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated,6
relating to operation of farm use vehicles, is amended by revising Code Section 40-6-308,7
relating to operation of farm tractors upon certain highways and yielding of right of way, as8
follows:9
"40-6-308.10
(a) As used in this Code section, the term:11
(1) 'Farm tractor' means every motor vehicle designed and used primarily as a farm12
implement, for drawing plows, mowing machines, and other implements of husbandry.13
(2) 'Implement of husbandry' means every device, whether it is self-propelled or not,14
designed and adapted so as to be used exclusively
primarily for agricultural, horticultural,15
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or livestock-raising operations or for lifting or carrying an implement of husbandry and,
16
in either case, not subject to registration if operated upon the highways.17
(3) 'Operator' means any individual lawfully operating a farm tractor.
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(b) Farm tractors, except trailers and semitrailers operated in accordance with statutory19
limits or provisions of Code Sections 32-6-24 and 40-8-50, shall not be permitted to travel20
upon any highway in this state which is a part of The Dwight D. Eisenhower System of21
Interstate and Defense Highways, provided that the Department of Public Safety shall have22
the authority to permit such travel in certain geographic areas of the state as deemed23
necessary. Farm tractors or implements may be operated on any state or local roadway in24
this state if the operator complies with Code Section 40-8-4 and has taken reasonable steps25
to reduce the width of the farm tractor or implement as provided for by the manufacturer.26
Whenever the width of a farm tractor or implement of husbandry exceeds the width of that27
portion of a roadway on which the farm tractor or implement is driven, which is marked28
as a single lane of traffic, or, if the roadway has not been marked for lanes of traffic and29
the width of the farm tractor or implement exceeds more than 50 percent of the width of30
the roadway, the operator shall move the farm tractor or implement, as soon as possible,31
as far to the right-hand side of the roadway as is practicable and safe upon approach of any32
oncoming or following vehicle and upon approaching the crest of a hill.33
(c) Upon the immediate approach of a farm tractor or implement of husbandry which34
cannot be moved by the operator thereof to the far right-hand side of the roadway in35
compliance with subsection (b) of this Code section, due to the existence of any bridge or36
guardrail, sign, or any other physical impediment which would not safely allow such tractor37
or implement to travel on the far right-hand side of the road, the driver of every other38
vehicle shall yield the right-of-way and shall immediately pull over to the far right-hand39
side of the road and remain in such position until the farm tractor or implement has passed.40
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(d) This Code section shall not operate to relieve any operator of a farm tractor or
41
implement of husbandry from the duty to drive with due regard for the safety of all persons42
using the roadway."43
SECTION 2.44
All laws and parts of laws in conflict with this Act are repealed. 45
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