|
|
|
You are visitor number 212831 since 7/16/2005. Spread the word, click here. |
|
WELCOME to the Georgia $peedingTICKETKILLER And the SIGN said? page
Georgia law under OCGA 40-1-1 (37) states: (37) 'Official traffic-control devices' means all signs, signals, markings, and devices not inconsistent with this title which are placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic. Georgia law under OCGA 40-6-20 (b) states: (b) No provisions of this chapter which require official traffic-control devices shall be enforced against an alleged violator if at the time and place of the alleged violation an official device was not in proper position and sufficiently legible to be seen by an ordinarily observant person.
It is clear from reading the Georgia Code legal definition of “official traffic control devices” that said definition applies to all signs. In addition, that legal definition applies to traffic (RED) lights and all other devices, signals and markings. Georgia law is VERY CLEAR that an official traffic control device MUST be in proper position in order for the provision of that chapter to be enforceable against you. Georgia law does NOT address what “proper position” actually is. Moreover, there is a reason for that. Mandatory conformity with National Traffic Control Standards has been required on all federally funded highways since 1944. In 1966, Congress passed the HIGHWAY SAFETY ACT, where they expanded its mandates to include ALL ROADWAYS OPEN TO THE PUBLIC, not just federally funded highways. To empower this Act, Congress resolutely PREEMPTED ALL STATE TRAFFIC CONTROL LAWS to facilitate the adoption of a uniform NATIONAL TRAFFIC CONTROL STANDARD. Under Title 23 C.F.R, this act mandated conformity with The National Manual of Uniform Traffic Control Devices (MUTCD) and its referenced nationally recognized professional engineering standards and practices – therefore, they too are federal law. Furthermore, you will notice that the below, cut and pasted directly from the “Introduction” of the MUTCD, exactly mirrors Georgia’s own definition of what constitutes an official traffic control device. From the 2003 MUTCD MUTCD: INTRODUCTION, Traffic control devices are all signs, signals, markings, and devices placed on, over, or adjacent to a street or highway by authority of a public body or official having jurisdiction to regulate, warn, or guide traffic. The Georgia Court of Appeals has ruled numerous times that Georgia is “legally bound” by all the mandatory provisions of the MUTCD. The Georgia Court of appeals further went on to point out that, not all of the MUTCD provisions are mandatory. Some are advisory, and some are permissive. The provisions of the MUTCD requiring “proper placement” of traffic control devices does however fall under the “mandatory” instructions as outlined in the MUTCD as opined by recent rulings of the Georgia Court of Appeals. The MUTCD clearly outlines what “SHALL” constitute a legal and proper placement of an official traffic control device in Georgia. All traffic control devices nationwide are under federally controlling authority no matter what any prosecutor, lawyer or judge may try to tell you to the contrary. Local jurisdictions and authorities in Georgia determine which traffic control devices should be installed, BUT THEY MUST be installed in accordance with Federal law, the MUTCD.
Frequently Asked Questions about the MUTCD
What is the Manual on Uniform Traffic Control Devices (MUTCD)?
What is the legal status of the MUTCD?
Does this mean that all traffic control devices must comply with MUTCD standards?
So if a STOP sign or any other legally defined official traffic control device is NOT in proper position, an alleged violation of the official instruction of that sign cannot be enforced against you. What is considered to be properly positioned? In the Georgia $peedingTICKETKILLER system, we teach you all the federal requirements for a properly positioned official traffic control device in Georgia. It is our experience that most official traffic control devices on the Federal Interstate Highways are in proper position, but not all. We estimate about 90% compliance on the interstate highways. On State highways, the percentage of properly placed traffic control devices drops to about 70%. The Georgia DOT does a pretty good job, but still is not in total compliance. It is always worth a cursory check. It is from my experience from my own proprietary research that over HALF, more than 60% of all official traffic control devices in Georgia on city and county roads are NOT properly positioned and the official instructions of such devices cannot be legally enforced against you. This however does not stop the local donut-eater from issuing you a ticket. Nor does it stop the kourts from enforcing the alleged violation against you, IF YOU SIMPLY DECIDE TO DO NOTHING ABOUT IT and just bend over, grab your ankles and pay up without a fight. In addition, do not be at all surprised if the Georgia Kangaroo Kourts simply ignores these laws altogether! Blatant disregard for laws by the Kangaroo Kourts in Georgia is the main reason I started all of this in the first place. In our system, we teach you the federal laws requiring “proper positions” of official traffic control devices in Georgia, and further teach you how to use these laws to defend yourself in kourt. If you are to be expected to uphold the law on your end, why not expect the state to do the same on theirs. Is it asking too much to expect the state to properly position the very signs they intend to enforce? We think not! Back to our original question at the top of this page: And the SIGN Said? (what exactly?) What is wrong with this picture below? Is the official instructions of this “official traffic control device” even enforceable? Our example below is of a STOP sign. If you were charged with an alleged violation of this “official traffic control device”, is the alleged violation enforceable against you under Georgia law? Is this STOP sign in “proper position” in accordance with federal law?
I once received an email from a lawyer about the legally required height of a sign. He said he had made a living for years (in upstate New York) measuring the heights of STOP signs for folks who had been ticketed at them. Georgia, like most states, has a state law (and case law) requiring mandatory compliance with the MUTCD for the proper position of the sign in question in the above photo. You, or your attorney, could present this as evidence. The judge can then either do his/her duty and dismiss the case, find you not guilty or plead ignoramus and not consider the fact that the MUTCD and Georgia case law requires proper positioning of the sign in question for it to be enforceable. The proper position is of course based on whether or not there is no parking or pedestrian traffic and whether the sign is positioned in a rural/residence or business district. This is all, of course, explained in detail in the Georgia $peedingTICKETKILLER system, with photos, graphics and suggested methods of how to present the evidence to the judge. Think about it. All official traffic control devices which are NOT properly positioned are currently in violation of federal law. The Georgia $peedingTICKETKILLER soon plans to start documentation of such signs, and further plans to see how effective one can be in forcing cities and counties to come into compliance. No matter how much it may co$t them. Georgia law under OCGA 40-6-20 (c) (d) states: (c) Whenever official traffic-control devices
are placed in position approximately
conforming to the requirements of this chapter, such devices shall
be presumed to have been so placed by the official act or direction
of lawful authority, unless the contrary shall be established by
competent evidence. Section (c) states the device must be in “approximate” position. In other words, it must be close, but not exact. Signs that are approximately placed in proper position are not the signs we are concerned with. The signs of particular interest to us are the ones grossly out of compliance. Section (d) indicates that in order to prove that a device is not in compliance, must be done so by competent evidence. Understanding the MUTCD legal requirements and further knowing how to present competent evidence to the kourt are the two key skills we teach you in learning how to defend his or herself against alleged violations of official traffic control devices that are not in proper position. Georgia case law is sparse in this area. There currently has only been one decision ever handed down by the Georgia Appellate Courts in this matter. We of course provide you with that case. Let us be honest. If the state of Georgia is going to legally enforce the “official instructions” of an “official traffic control device”, and if the state of Georgia concedes the device must be in proper position in order to enforce alleged violation, the state of Georgia carries the burden to install the device properly. After all, that is Georgia law.
James Jameson 10/10/2005
Copyright ©2004-2010, the
Georgia $peedingTICKETKILLER
Click
on the BUY NOW button to Purchase Your Copy of |
