Georgia 2023 2023-2024 Regular Session

Georgia House Bill HB1239 Introduced / Bill

Filed 02/12/2024

                    24 LC 39 4166
House Bill 1239
By: Representatives Collins of the 71
st
, Corbett of the 174
th
, Rhodes of the 124
th
, Jasperse of
the 11
th
, and Dickey of the 145
th
 
A BILL TO BE ENTITLED
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and
1
traffic, so as to provide for the operation of miniature on-road vehicles on certain highways;2
to provide for standards for registration of such vehicles; to provide for issuance of license3
plates for miniature on-road vehicles; to provide for an annual licensing fee for such vehicles;4
to provide for issuance of certificates of title by the Department of Revenue for such5
vehicles; to provide for equipment and operating standards for such vehicles; to provide local6
authorities with the power to prohibit operation of miniature on-road vehicles; to require7
posting of notice of such prohibition upon highways; to revise and provide for a definition;8
to provide for related matters; to repeal conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is12
amended in Code Section 40-1-1, relating to definitions, by revising paragraph (27.1) and13
adding a new paragraph to read as follows:14
"(27.1) 'Miniature on-road vehicle' means any motorized vehicle designed and
15
manufactured for use upon roadways in another country that has been imported into the16
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United States with a valid certificate of title or registration from the exporting country17
and in compliance with all federal importation requirements and which has the following18
characteristics:19
(A)  Has the capability to transport persons;20
(B)  Operates between 25 miles per hour (40.2 kilometers per hour) and 65 miles per21
hour (104.6 kilometers per hour);22
(C) Has an overall width of 80 inches (2,030 millimeters) or less, exclusive of23
accessories or attachments;24
(D)  Is designed to travel on four or more wheels;25
(E)  Uses a steering wheel for steering control;26
(F)  Contains a nonstraddle seat;27
(G)  Has a gross vehicle weight rating of less than 4,000 pounds (1,814 kilograms); and28
(H)  Is not designed or manufactured as a golf cart, all-terrain vehicle, or multipurpose29
off-highway vehicle.30
(27.2) 'Minimal risk condition' means a low-risk operating mode in which a fully31
autonomous vehicle operating without a human driver achieves a reasonably safe state,32
such as bringing the vehicle to a complete stop, upon experiencing a failure of the33
vehicle's automated driving system that renders the vehicle unable to perform the entire34
dynamic driving task."35
SECTION 2.36
Said title is further amended in Code Section 40-2-27, relating to registration of motor37
vehicles not manufactured to comply with federal emission and safety standards, certificate38
of registration for an assembled motor vehicle or motorcycle or a converted motor vehicle,39
and former military motor vehicles, by revising subsection (e) as follows:40
"(e)  The provisions of subsection (a) of this Code section shall not apply to applications41
for certificates of registration for former military motor vehicles that are less than 25 years42
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old and manufactured for the United States military, or multipurpose off-highway vehicles43
manufactured after January 1, 2000, or miniature on-road vehicles manufactured more than44
25 years prior to application; provided, however, that the exception provided by this45
subsection shall be applicable to miniature on-road vehicles manufactured less than 2546
years prior to application that have been modified by an importer registered with the United47
States Department of Transportation to comply with applicable federal motor vehicle safety48
standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., and certified by such49
importer as such."50
SECTION 3.51
Said title is further amended in Code Section 40-2-31, relating to license plate design and52
revalidation and county decals, by revising subsection (b) as follows:53
"(b)  License plates issued pursuant to this chapter shall be at least six inches wide and not54
less than 12 inches in length, except that motorcycle license plates shall be at least four55
inches wide and not less than seven inches in length and license plates for low-speed56
vehicles, miniature on-road vehicles, and multipurpose off-highway vehicles shall be a size57
determined by the commissioner.  All license plates shall show in boldface characters the58
month and year of expiration, the serial number, and either the full name or the59
abbreviation of the name of the state, shall designate the county from which the license60
plate was issued unless specifically stated otherwise in this chapter, and shall show such61
other distinctive markings as in the judgment of the commissioner may be deemed62
advisable, so as to indicate the class of weight of the vehicle for which the license plate was63
issued. Any license plate for a low-speed vehicle, miniature on-road vehicle, or64
multipurpose off-highway vehicle shall designate the vehicle as such.  Such plates may also65
bear such figures, characters, letters, or combinations thereof as in the judgment of the66
commissioner will to the best advantage advertise, popularize, and otherwise promote67
Georgia as the 'Peach State.'  Except for license plates issued pursuant to Article 2B of this68
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chapter, any license plate issued pursuant to this chapter shall be of such strength and
69
quality that the plate shall provide a minimum service period of at least five years.  The70
commissioner shall adopt rules and regulations, pursuant to the provisions of Chapter 1371
of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance of new72
license plates and to implement the other provisions of this Code section."73
SECTION 4.74
Said title is further amended in Code Section 40-2-33, relating to issuance of license plates75
and decals, transfer of registration to a digital license plate, compensation of tag agents, and76
required identification, by revising paragraph (2.1) of subsection (a) as follows:77
"(2.1)  The commissioner may provide for the issuance of a temporary operating permit78
for any multipurpose off-highway
 miniature on-road vehicle, to be displayed until such79
time as a license plate of the design required by Code Section 40-2-31 has been issued80
to the registrant as a replacement for such temporary operating permit; provided,81
however, that any such temporary operating permit shall designate the multipurpose82
off-highway miniature on-road vehicle as such; and provided, further, that the83
commissioner shall make available for issuance multipurpose off-highway miniature84
on-road vehicle license plates of the design required by Code Section 40-2-31 not later85
than January 1, 2024 2025."86
SECTION 5.87
Said title is further amended in Code Section 40-2-151, relating to annual license fees for88
operation of vehicles, by revising paragraph (2) of subsection (a) as follows:89
"(2) For each motorcycle, miniature on-road vehicle, or multipurpose90
off-highway vehicle.............................................91	20.00 "
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SECTION 6.
92
Said title is further amended in Code Section 40-3-30.1, relating to standards for issuance to93
assembled motor vehicle and motorcycle or converted motor vehicle and inspections, by94
revising subsection (f) as follows:95
"(f) Unconventional motor vehicles or motorcycles shall not be titled or registered;96
provided, however, that a multipurpose off-highway vehicle manufactured after January
97
1, 2000, the following unconventional motor vehicles shall be registered upon proper98
application and payment of the required fee:99
(1)  A multipurpose off-highway vehicle manufactured after January 1, 2000;100
(2)  A miniature on-road vehicle manufactured more than 25 years prior to application;101
and102
(3)  A miniature on-road vehicle manufactured less than 25 years prior to application that103
has been modified by an importer registered with the United States Department of104
Transportation to comply with applicable federal motor vehicle safety standards issued105
pursuant to 49 U.S.C.A. Section 30101, et seq., and certified by such importer as such."106
SECTION 7.107
Said title is further amended by revising Part 5 of Article 13 of Chapter 6, relating to108
low-speed or multipurpose off-highway vehicles, as follows:109
"Part 5110
40-6-359.111
Multipurpose off-highway vehicles and miniature on-road vehicles shall be equipped with:112
(1)  Headlights;113
(2)  Brake lights;114
(3)  Taillights;115
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(4)  A rearview mirror; and
116
(5)  Safety belts.117
40-6-360.118
Every person operating a low-speed vehicle, miniature on-road vehicle,
 or multipurpose119
off-highway vehicle shall be granted all the rights and shall be subject to all the duties120
applicable to the driver of any other vehicle under this chapter except as to special121
regulations in this part and except as to those provisions of this chapter which by their122
nature can have no application.123
40-6-361.124
(a)  All low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway125
vehicles are entitled to full use of a lane, and no motor vehicle shall be driven in such a126
manner as to deprive any such vehicles of the full use of a lane.127
(b)  The operator of a low-speed vehicle, miniature on-road vehicle, or multipurpose128
off-highway vehicle shall not overtake and pass in the same lane occupied by the vehicle129
being overtaken.130
(c) No person shall operate a low-speed vehicle, miniature on-road vehicle, or131
multipurpose off-highway vehicle between lanes of traffic or between adjacent lines or132
rows of vehicles.133
(d) Low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway134
vehicles shall not be operated two or more abreast in a single lane.135
40-6-362.136
(a)  Low-speed vehicles shall be operated only on any highway where the posted speed137
limit does not exceed 35 miles per hour.  The operator of a low-speed vehicle shall not138
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operate such vehicle on any highway where the posted speed limit exceeds 35 miles per
139
hour.140
(b)  Multipurpose off-highway vehicles shall be operated only on highways that are part141
of a county road system and shall be authorized to cross highways that are part of a142
municipal street system or are part of the state highway system.143
(c)  Miniature on-road vehicles shall be operated only on highways that are part of a
144
municipal street system or county road system, provided that such operation has not been145
prohibited through ordinance or resolution within a local jurisdiction, and shall be146
authorized to cross highways that are part of the state highway system."147
SECTION 8.148
Said title is further amended in Code Section 40-6-371, relating to powers of local authorities149
generally, by revising paragraphs (18.1) through (20) of subsection (a) and subsection (c) as150
follows:151
"(18.1)(19) Regulating the operation of electric personal assistive mobility devices,152
provided that such regulations are no less restrictive than those imposed by Part 2A of153
Article 13 of this chapter;154
(18.2)(20) Regulating the operation of personal transportation vehicles, provided that155
such regulations comply with Parts 3 and 6 of Article 13 of this chapter;156
(21)  Prohibiting the operation of miniature on-road vehicles as authorized in Code157
Section 40-6-362;158
(19)(22) Adopting and enforcing such temporary or experimental regulations as may be159
necessary to cover emergencies or special conditions; or160
(20)(23) Adopting such other traffic regulations as are specifically authorized by this161
chapter."162
"(c)  No ordinance or regulation enacted under paragraph (4), (5), (6), (8), (9), (10), (11),163
(12), (13), (14), (15), (16), (17), (18), or (18.2) (20), or (21) of subsection (a) of this Code164
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section shall be effective until official traffic-control devices giving notice of such local
165
traffic regulations are erected upon or at the entrances to the highway or the part thereof166
affected as may be most appropriate."167
SECTION 9.168
All laws and parts of laws in conflict with this Act are repealed.169
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