Georgia 2023 2023-2024 Regular Session

Georgia House Bill HB1239 Comm Sub / Bill

Filed 02/27/2024

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The House Committee on Motor Vehicles offers the following substitute to HB 1239:
A BILL TO BE ENTITLED
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and1
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 provide for an effective date; to repeal conflicting laws; and9
for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is13
amended in Code Section 40-1-1, relating to definitions, by revising paragraph (27.1) and14
adding a new paragraph to read as follows:15
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"(27.1) 'Miniature on-road vehicle' means any motorized vehicle designed and16
manufactured for use upon roadways in another country that has been imported into the17
United States with a valid certificate of title or registration from the exporting country18
and in compliance with all federal importation requirements and which has the following19
characteristics:20
(A)  Has the capability to transport persons;21
(B)  Operates between 25 miles per hour (40.2 kilometers per hour) and 65 miles per22
hour (104.6 kilometers per hour);23
(C) Has an overall width of 80 inches (2,030 millimeters) or less, exclusive of24
accessories or attachments;25
(D)  Is designed to travel on four or more wheels;26
(E)  Uses a steering wheel for steering control;27
(F)  Contains a nonstraddle seat;28
(G)  Has a gross vehicle weight rating of less than 4,000 pounds (1,814 kilograms); and29
(H)  Is not designed or manufactured as a golf cart, all-terrain vehicle, or multipurpose30
off-highway vehicle.31
(27.2) 'Minimal risk condition' means a low-risk operating mode in which a fully32
autonomous vehicle operating without a human driver achieves a reasonably safe state,33
such as bringing the vehicle to a complete stop, upon experiencing a failure of the34
vehicle's automated driving system that renders the vehicle unable to perform the entire35
dynamic driving task."36
SECTION 2.37
Said title is further amended in Code Section 40-2-27, relating to registration of motor38
vehicles not manufactured to comply with federal emission and safety standards, certificate39
of registration for an assembled motor vehicle or motorcycle or a converted motor vehicle,40
and former military motor vehicles, by revising subsection (e) as follows:41
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"(e)  The provisions of subsection (a) of this Code section shall not apply to applications42
for certificates of registration for former military motor vehicles that are less than 25 years43
old and manufactured for the United States military, or multipurpose off-highway vehicles44
manufactured after January 1, 2000, or miniature on-road vehicles manufactured more than45
25 years prior to application; provided, however, that the exception provided by this46
subsection shall be applicable to miniature on-road vehicles manufactured less than 2547
years prior to application that have been modified by an importer registered with the United48
States Department of Transportation to comply with applicable federal motor vehicle safety49
standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., and certified by such50
importer as such."51
SECTION 3.52
Said title is further amended in Code Section 40-2-31, relating to license plate design and53
revalidation and county decals, by revising subsection (b) as follows:54
"(b)  License plates issued pursuant to this chapter shall be at least six inches wide and not55
less than 12 inches in length, except that motorcycle license plates shall be at least four56
inches wide and not less than seven inches in length and license plates for low-speed57
vehicles, miniature on-road vehicles, and multipurpose off-highway vehicles shall be a size58
determined by the commissioner.  All license plates shall show in boldface characters the59
month and year of expiration, the serial number, and either the full name or the60
abbreviation of the name of the state, shall designate the county from which the license61
plate was issued unless specifically stated otherwise in this chapter, and shall show such62
other distinctive markings as in the judgment of the commissioner may be deemed63
advisable, so as to indicate the class of weight of the vehicle for which the license plate was64
issued. Any license plate for a low-speed vehicle, miniature on-road vehicle, or65
multipurpose off-highway vehicle shall designate the vehicle as such.  Such plates may also66
bear such figures, characters, letters, or combinations thereof as in the judgment of the67
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commissioner will to the best advantage advertise, popularize, and otherwise promote68
Georgia as the 'Peach State.'  Except for license plates issued pursuant to Article 2B of this69
chapter, any license plate issued pursuant to this chapter shall be of such strength and70
quality that the plate shall provide a minimum service period of at least five years.  The71
commissioner shall adopt rules and regulations, pursuant to the provisions of Chapter 1372
of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance of new73
license plates and to implement the other provisions of this Code section."74
SECTION 4.75
Said title is further amended in Code Section 40-2-33, relating to issuance of license plates76
and decals, transfer of registration to a digital license plate, compensation of tag agents, and77
required identification, by revising paragraph (2.1) of subsection (a) as follows:78
"(2.1)  The commissioner may provide for the issuance of a temporary operating permit79
for any multipurpose off-highway miniature on-road vehicle, to be displayed until such80
time as a license plate of the design required by Code Section 40-2-31 has been issued81
to the registrant as a replacement for such temporary operating permit; provided,82
however, that any such temporary operating permit shall designate the multipurpose83
off-highway miniature on-road vehicle as such; and provided, further, that the84
commissioner shall make available for issuance multipurpose off-highway miniature85
on-road vehicle license plates of the design required by Code Section 40-2-31 not later86
than January 1, 2024 2025."87
SECTION 5.88
Said title is further amended in Code Section 40-2-151, relating to annual license fees for89
operation of vehicles, by revising paragraph (2) of subsection (a) as follows:90
"(2) For each motorcycle, miniature on-road vehicle, or multipurpose91
off-highway vehicle.............................................92	20.00 "
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SECTION 6.93
Said title is further amended in Code Section 40-3-30.1, relating to standards for issuance to94
assembled motor vehicle and motorcycle or converted motor vehicle and inspections, by95
revising subsection (f) as follows:96
"(f) Unconventional motor vehicles or motorcycles shall not be titled or registered;97
provided, however, that a multipurpose off-highway vehicle manufactured after January98
1, 2000, the following unconventional motor vehicles shall be registered upon proper99
application and payment of the required fee:100
(1)  A multipurpose off-highway vehicle manufactured after January 1, 2000;101
(2)  A miniature on-road vehicle manufactured more than 25 years prior to application;102
and103
(3)  A miniature on-road vehicle manufactured less than 25 years prior to application that104
has been modified by an importer registered with the United States Department of105
Transportation to comply with applicable federal motor vehicle safety standards issued106
pursuant to 49 U.S.C.A. Section 30101, et seq., and certified by such importer as such."107
SECTION 7.108
Said title is further amended by revising Part 5 of Article 13 of Chapter 6, relating to109
low-speed or multipurpose off-highway vehicles, as follows:110
"Part 5111
40-6-359.112
Multipurpose off-highway vehicles and miniature on-road vehicles shall be equipped with:113
(1)  Headlights;114
(2)  Brake lights;115
(3)  Taillights;116
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(4)  A rearview mirror; and117
(5)  Safety belts.118
40-6-360.119
Every person operating a low-speed vehicle, miniature on-road vehicle, or multipurpose120
off-highway vehicle shall be granted all the rights and shall be subject to all the duties121
applicable to the driver of any other vehicle under this chapter except as to special122
regulations in this part and except as to those provisions of this chapter which by their123
nature can have no application.124
40-6-361.125
(a)  All low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway126
vehicles are entitled to full use of a lane, and no motor vehicle shall be driven in such a127
manner as to deprive any such vehicles of the full use of a lane.128
(b)  The operator of a low-speed vehicle, miniature on-road vehicle, or multipurpose129
off-highway vehicle shall not overtake and pass in the same lane occupied by the vehicle130
being overtaken.131
(c) No person shall operate a low-speed vehicle, miniature on-road vehicle, or132
multipurpose off-highway vehicle between lanes of traffic or between adjacent lines or133
rows of vehicles.134
(d) Low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway135
vehicles shall not be operated two or more abreast in a single lane.136
40-6-362.137
(a)  Low-speed vehicles shall be operated only on any highway where the posted speed138
limit does not exceed 35 miles per hour.  The operator of a low-speed vehicle shall not139
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operate such vehicle on any highway where the posted speed limit exceeds 35 miles per140
hour.141
(b)  Multipurpose off-highway vehicles shall be operated only on highways that are part142
of a county road system and shall be authorized to cross highways that are part of a143
municipal street system or are part of the state highway system.144
(c)  Miniature on-road vehicles shall be operated only on highways that are part of a145
municipal street system or county road system, provided that such operation has not been146
prohibited through ordinance or resolution within a local jurisdiction, and shall be147
authorized to cross highways that are part of the state highway system."148
SECTION 8.149
Said title is further amended in Code Section 40-6-371, relating to powers of local authorities150
generally, by revising paragraphs (18.1) through (20) of subsection (a) and subsection (c) as151
follows:152
"(18.1)(19) Regulating the operation of electric personal assistive mobility devices,153
provided that such regulations are no less restrictive than those imposed by Part 2A of154
Article 13 of this chapter;155
(18.2)(20) Regulating the operation of personal transportation vehicles, provided that156
such regulations comply with Parts 3 and 6 of Article 13 of this chapter;157
(21)  Prohibiting the operation of miniature on-road vehicles as authorized in Code158
Section 40-6-362;159
(19)(22) Adopting and enforcing such temporary or experimental regulations as may be160
necessary to cover emergencies or special conditions; or161
(20)(23) Adopting such other traffic regulations as are specifically authorized by this162
chapter."163
"(c)  No ordinance or regulation enacted under paragraph (4), (5), (6), (8), (9), (10), (11),164
(12), (13), (14), (15), (16), (17), (18), or (18.2) (20), or (21) of subsection (a) of this Code165
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section shall be effective until official traffic-control devices giving notice of such local166
traffic regulations are erected upon or at the entrances to the highway or the part thereof167
affected as may be most appropriate."168
SECTION 9.169
This Act shall become effective on October 1, 2024.170
SECTION 10.171
All laws and parts of laws in conflict with this Act are repealed.172
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