2025 Georgia Codes – Page 339

(a) Any other provision of this article or any other law to the contrary notwithstanding, motor vehicles
involved in traffic accidents and the drivers of such motor vehicles shall be subject to the provisions of this
Code section.
(b) This Code section shall apply to motor vehicle traffic accidents which occur on the public roads of this
state as defined in paragraph (24) of Code Section 32-1-3. Any violation of this Code section shall be pun-
ishable as a misdemeanor pursuant to Code Section 40-6-1.
(c) When a motor vehicle traffic accident occurs with no apparent serious personal injury or death, it shall be
the duty of the drivers of the motor vehicles involved in such traffic accident, or any other occupant of any
such motor vehicle who possesses a valid driver’s license, to remove said vehicles from the immediate con-
fines of the roadway into a safe refuge on the shoulder, emergency lane, or median or to a place otherwise
removed from the roadway whenever such moving of a vehicle can be done safely and the vehicle is capable
of being normally and safely driven, does not require towing, and can be operated under its own power in its
customary manner without further damage or hazard to itself, to the traffic elements, or to the roadway. The
driver of any such motor vehicle may request any person who possesses a valid driver’s license to remove
any such motor vehicle as provided in this Code section, and any such person so requested shall be autho-
rized to comply with such request.
(d) The driver or any other person who has removed a motor vehicle from the main traveled way of the road
as provided in subsection (c) of this Code section before the arrival of a police officer shall not be considered
liable or at fault regarding the cause of the accident solely by reason of moving the vehicle pursuant to this
Code section.
(e) This Code section shall not abrogate or affect a driver’s duty to file any written report which may be
required by a local law enforcement agency, but compliance with the requirements of this Code section shall
not allow a driver to be prosecuted for his or her failure to stop and immediately report a traffic accident.
(f) This Code section shall not abrogate or affect a driver’s duty to stop and give information in accordance
with law, nor shall it relieve a police officer of his or her duty to render a report in accordance with law.
(g) Employees of the Department of Transportation, in the exercise of the management, control, and mainte-
nance of the state highways, may require and assist in the removal from the main traveled way of roads on
the state highway system of all vehicles incapacitated from any cause other than having been involved in
a motor vehicle accident and of all vehicles incapacitated as a result of motor vehicle traffic accidents and
of debris caused thereby when such motor vehicle accidents occur with no apparent serious personal injury
or death, where such move can be accomplished safely by the drivers of the vehicles involved or with the
assistance of a towing or recovery vehicle and will result in the improved safety or convenience of travel
upon the road. However, a vehicle incapacitated as a result of a motor vehicle traffic accident with appar-
ent serious personal injury or death may not be moved until the enforcement officer has made the necessary
measurements and diagrams required for the initial accident investigation.

(a) The driver of each wrecker truck towing away any vehicle from the scene of a wreck shall also take away
all parts belonging to the vehicle which he is towing away, or, if they consist of small parts or broken glass,
he shall clear the streets of said small parts or glass, unless the driver is ordered not to do so by the investi-
gating police officer due to circumstances at the scene of the accident.
(b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor and, upon con-
viction thereof, shall be punished by a fine not to exceed $100.00.