Ga. Comp. R. & Regs. r. 672-4-.05
Powers and Procedures for Enforcement of Fuel Tax and License Tag Laws
Effective Nov 24, 1988Published Nov 4, 1988Ga. Code Secs. 68-9921, 95A-302, 95A-962, 95A-963. (Ga. Code Ann. Secs. 92-1409, 92-2901 through 92-2916, 92-9901 and 92-9966); Secs. 32-2-2(b). 50-13-4, O.C.G.A.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.
Authority: Ga. Code Secs. 68-9921, 95A-302, 95A-962, 95A-963. (Ga. Code Ann. Secs. 92-1409, 92-2901 through 92-2916, 92-9901 and 92-9966); Secs. 32-2-2(b). 50-13-4, O.C.G.A.
History. Original Rule entitled "Powers and Procedures for Enforcement of Fuel Tax and License Tag Laws" was filed on August 9, 1973; effective August 29, 1973.
Amended: Filed November 4, 1988; effective November 24, 1988.