24 LC 39 4341S
The Senate Committee on Public Safety offered 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 conditions,3
procedures, and limitations for issuance of temporary operating permits for motor vehicles;4
to revise provisions relative to the operation of an unregistered motor vehicle or vehicle5
without a current license plate, revalidation decal, county decal, or temporary operating6
permit; to authorize the development and maintenance by third parties of an electronic7
temporary operating permit issuance system for issuance of temporary operating permits; to8
provide for utilization of such system by dealers for issuance of temporary operating permits;9
to provide for the suspension of access to such system by the department for certain10
violations; to provide for notice and hearings; to provide for issuance of license plates for11
miniature on-road vehicles; to provide for an annual licensing fee for such vehicles; to12
provide for issuance of certificates of title by the Department of Revenue for such vehicles;13
to provide for equipment and operating standards for such vehicles; to provide local14
authorities with the power to prohibit operation of miniature on-road vehicles; to require15
posting of notice of such prohibition upon highways; to revise and provide for a definition;16
to provide for related matters; to provide for an effective date; to repeal conflicting laws; and17
for other purposes.18
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:19
SECTION 1.20
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is21
amended in Code Section 40-1-1, relating to definitions, by revising paragraph (27.1) and22
adding a new paragraph to read as follows:23
"(27.1) 'Miniature on-road vehicle' means any motorized vehicle designed and24
manufactured for use upon roadways in another country that has been imported into the25
United States with a valid certificate of title or registration from the exporting country26
and in compliance with all federal importation requirements and which has the following27
characteristics:28
(A) Has the capability to transport persons;29
(B) Operates between 25 miles per hour (40.2 kilometers per hour) and 65 miles per30
hour (104.6 kilometers per hour);31
(C) Has an overall width of 80 inches (2,030 millimeters) or less, exclusive of32
accessories or attachments;33
(D) Is designed to travel on four or more wheels;34
(E) Uses a steering wheel for steering control;35
(F) Contains a nonstraddle seat;36
(G) Has a gross vehicle weight rating of less than 4,000 pounds (1,814 kilograms); and37
(H) Is not designed or manufactured as a golf cart, all-terrain vehicle, or multipurpose38
off-highway vehicle.39
(27.2) 'Minimal risk condition' means a low-risk operating mode in which a fully40
autonomous vehicle operating without a human driver achieves a reasonably safe state,41
such as bringing the vehicle to a complete stop, upon experiencing a failure of the42
vehicle's automated driving system that renders the vehicle unable to perform the entire43
dynamic driving task."44
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SECTION 2.45
Said title is further amended by revising Code Section 40-2-8, relating to operation of46
unregistered vehicle or vehicle without current license plate, revalidation decal, or county47
decal and temporary operating permit issued by dealers of new or used motor vehicles, as48
follows:49
"40-2-8.50
(a) No person shall own, rent, lease, loan, or operate any vehicle required to be registered51
pursuant to Code Section 40-2-20 upon a highway in this state without registering such52
vehicle. Any person who becomes a resident of this state shall register his or her vehicle53
within 30 days of becoming a resident. Each day that a vehicle is in violation of this Code54
section shall be deemed to be a separate and distinct offense. Any person convicted of such55
offense shall be guilty of a misdemeanor and punished by a fine of $100.00 for each56
violation. Any person owning or operating any vehicle described in Code Section 40-2-2057
on any public highway or street without complying with that Code section shall be guilty58
of a misdemeanor, provided that a person shall register his or her motor vehicle within 3059
days after becoming a resident of this state. Any person renting, leasing, or loaning any60
vehicle described in Code Section 40-2-20 which is being used on any public highway or61
street without complying with that Code section shall be guilty of a misdemeanor and, upon62
conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day63
that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be64
a separate and distinct offense.65
(b)(1) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle66
required to be registered in this state pursuant to Code Section 40-2-20 without a valid67
numbered license plate properly validated with a current revalidation decal, unless such68
operation is otherwise permitted under this chapter; and provided, further, that the69
purchaser of a new vehicle or a used vehicle from a dealer of new or used motor vehicles70
who displays a temporary operating permit issued as provided by paragraph (2) of this71
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subsection Code Section 40-2-8.1 may operate such vehicle on the public highways and72
streets of this state without a current valid license plate during the period within which73
the purchaser is required by Code Section authorized by Code Sections 40-2-8.1 and74
40-2-20. An owner acquiring a motor vehicle from an entity that is not a new or used75
vehicle dealer shall register such vehicle as provided for in Code Section 40-2-29 unless76
such vehicle is to be registered under the International Registration Plan pursuant to77
Article 3A of this chapter.78
(2)(A) Any dealer of new or used motor vehicles shall issue to the purchaser of a79
vehicle at the time of sale thereof, unless such vehicle is to be registered under the80
International Registration Plan, a temporary operating permit as provided for by81
department rules or regulations which may bear the dealer's name and location and shall82
bear an expiration date 45 days from the date of purchase. The expiration date of such83
a temporary operating permit may be revised and extended by the county tag agent84
upon application by the dealer, the purchaser, or the transferee if an extension of the85
purchaser's initial registration period has been granted as provided by Code86
Section 40-2-20. Such temporary operating permit shall not resemble a license plate87
issued by this state and shall be issued without charge or fee. The requirements of this88
paragraph shall not apply to a dealer whose primary business is the sale of salvage89
motor vehicles and other vehicles on which total loss claims have been paid by insurers.90
(B) All temporary operating permits issued by dealers to purchasers of vehicles shall91
be of a standard design prescribed by regulation promulgated by the department. The92
department may provide by rule or regulation for the sale and distribution of such93
temporary operating permits by third parties in accordance with paragraph (3) of this94
subsection.95
(3) All sellers and distributors of temporary operating permits shall maintain an96
inventory record of temporary operating permits by number and name of the dealer.97
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(4)(2) The purchaser and operator of a vehicle shall not be subject to the penalties set98
forth in this Code section during the period allowed for the registration of such vehicle. 99
If the owner of such vehicle presents evidence that such owner has properly applied for100
the registration of such vehicle, but that the license plate or revalidation decal has not101
been delivered to such owner, then the owner shall not be subject to the penalties102
enumerated in this subsection.103
(c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle104
required to be registered in the State of Georgia this state without a valid county decal105
designating the county where the vehicle was last registered, unless such operation is106
otherwise permitted under this chapter. Any person convicted of such offense shall be107
punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent108
such offense. However, a A county name decal shall not be required if there is no space109
provided for a county name decal on the current license plate. Any person convicted of a110
violation of this subsection shall be subject to a fine not to exceed $25.00 if that person111
shows to the court having jurisdiction of the offense that the proper revalidation decal had112
been obtained prior to the time of the offense.113
(d) No violation of this Code section shall have occurred upon presentation of evidence114
that the owner had properly applied for the registration of such vehicle, but that the license115
plate or revalidation decal had not been delivered to such owner at the time the uniform116
traffic citation was issued.117
(e) The commissioner is authorized to promulgate rules and regulations necessary to118
effectuate the provisions of this Code section."119
SECTION 3.120
Said title is further amended by revising Code Section 40-2-8.1, relating to operation of121
vehicle without revalidation decal on license plate, as follows:122
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"40-2-8.1.123
Notwithstanding Code Section 40-2-8 or any other provision of law, a person who operates124
a vehicle which is required to be registered in this state and which has attached to the rear125
thereof a valid numbered license plate without having the required revalidation decal126
affixed upon that plate, which person is otherwise guilty of a misdemeanor for not having127
such decal affixed to the plate, shall be subject for that offense only to a fine not to exceed128
$25.00 if that person shows to the court having jurisdiction of the offense that the proper129
revalidation decal had been obtained prior to the time of the offense.130
(a) Any dealer of new or used motor vehicles shall issue a temporary operating permit131
without charge or fee to the purchaser of a vehicle at the time of sale thereof, unless such132
vehicle is to be registered under the International Registration Plan or such dealer is one133
whose primary business is the sale of salvage motor vehicles and other vehicles on which134
total loss claims have been paid by insurers. Such temporary operating permit shall be of135
a standard design prescribed the department; provided, however, that such permit shall not136
resemble a license plate issued by this state. A temporary operating permit may bear the137
name and location of the dealer and shall include an expiration date which shall be 45 days138
from the date of purchase. The expiration date of a temporary operating permit may be139
revised and extended by the county tag agent upon application by the dealer, purchaser, or140
transferee if an extension of the purchaser's initial registration period has been granted as141
provided by Code Section 40-2-20.142
(b)(1) The department may provide by rule or regulation for the sale and distribution of143
temporary operating permits to dealers by third parties through the development and144
maintenance of an electronic temporary operating permit issuance system and establish145
standards for distribution and issuance of such permits. The department may further146
provide by rule or regulation for standards for authorized access to an electronic147
temporary operating permit issuance system, which may include, but shall not be limited148
to, required criminal background checks for any user of the system. Any third party149
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authorized to distribute and issue temporary operating permits shall maintain an inventory150
record of such permits by number and name of the dealer.151
(2)(A) The department shall be authorized to suspend access to the electronic152
temporary operating permit issuance system established pursuant to this subsection for153
any dealer found to have issued a temporary operating permit for a vehicle which has154
not been sold or intended to be registered or that otherwise violated requirements for155
issuance of such permits established by rule or regulation of the department after156
issuance of notice of such violation by electronic means and opportunity for informal157
review as set forth in this subparagraph. Any dealer that has received notice pursuant158
to this subsection of an alleged violation and for which the department intends to159
suspend access to the electronic temporary operating permit issuance system may160
request an informal review of the allegations with the department. The method for161
making such request shall be developed by the department and may be by electronic162
means. Upon receipt of such request for informal review, the department shall, within163
ten business days, schedule an informal conference with such dealer to review the164
suspected violations. Proceedings under this subparagraph shall not be governed by165
any formal procedural requirements and may be conducted in such manner as the166
department may establish by rule or regulation. The department shall consider the167
historical use of the electronic temporary operating permit issuance system by the168
dealer under consideration for access suspension, together with other pertinent169
information which may be available, and shall render a decision regarding access to the170
electronic temporary operating permit issuance system within seven business days of171
the informal conference. Upon a finding that such dealer violated the requirements of172
this Code section or rules and regulations of the department, the department shall173
suspend access to the electronic temporary operating permit issuance system for a174
period of no longer than six months and notify such dealer of its decision.175
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(B) If the department suspends a dealer's access to the electronic temporary operating176
permit issuance system established pursuant to this subsection after an informal review177
held pursuant to subparagraph (A) of this paragraph, the suspended dealer shall have178
the right to request a formal hearing to review the suspension pursuant to Code Section179
40-3-6. At such hearing, the department may present evidence of any instances in180
which the suspended dealer unlawfully issued temporary operating permits or issued181
fraudulent temporary operating permits. Upon a finding that the suspended dealer is182
in compliance with the requirements of this Code section and only issued temporary183
operating permits for bona fide motor vehicle sales, the department shall provide for the184
immediate restoration of access to the electronic temporary operating permit issuance185
system for such dealer. Upon a finding that the suspended dealer violated the186
requirements of this Code section or rules and regulations of the department, the187
department shall be authorized to extend the term of suspension for a period of up to188
24 months. Upon a finding that a dealer unlawfully issued temporary operating permits189
in violation of this chapter or rules and regulations of the department, the department190
shall further be authorized to issue a civil monetary penalty in an amount no greater191
than $100.00 per violation, suspend or revoke the registration issued to a dealer192
pursuant to Code Section 40-2-39, and suspend, confiscate, or limit issuance of any193
dealer plates issued pursuant to Code Section 40-2-38 for a period of up to 24 months. 194
The department shall comply with Chapter 13 of Title 50, the 'Georgia Administrative195
Procedure Act,' in relation to the hearing provided for in this subparagraph and the196
suspended dealer shall have the right to appeal any decision of the department in197
accordance with such chapter.198
(c) The commissioner is authorized to promulgate rules and regulations necessary to199
effectuate the provisions of this Code section."200
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SECTION 4.201
Said title is further amended in Code Section 40-2-27, relating to registration of motor202
vehicles not manufactured to comply with federal emission and safety standards, certificate203
of registration for an assembled motor vehicle or motorcycle or a converted motor vehicle,204
and former military motor vehicles, by revising subsection (e) as follows:205
"(e) The provisions of subsection (a) of this Code section shall not apply to applications206
for certificates of registration for former military motor vehicles that are less than 25 years207
old and manufactured for the United States military, or multipurpose off-highway vehicles208
manufactured after January 1, 2000, or miniature on-road vehicles manufactured more than209
25 years prior to application; provided, however, that the exception provided by this210
subsection shall be applicable to miniature on-road vehicles manufactured less than 25211
years prior to application that have been modified by an importer registered with the United212
States Department of Transportation to comply with applicable federal motor vehicle safety213
standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., and certified by such214
importer as such."215
SECTION 5.216
Said title is further amended in Code Section 40-2-31, relating to license plate design and217
revalidation and county decals, by revising subsection (b) as follows:218
"(b) License plates issued pursuant to this chapter shall be at least six inches wide and not219
less than 12 inches in length, except that motorcycle license plates shall be at least four220
inches wide and not less than seven inches in length and license plates for low-speed221
vehicles, miniature on-road vehicles, and multipurpose off-highway vehicles shall be a size222
determined by the commissioner. All license plates shall show in boldface characters the223
month and year of expiration, the serial number, and either the full name or the224
abbreviation of the name of the state, shall designate the county from which the license225
plate was issued unless specifically stated otherwise in this chapter, and shall show such226
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other distinctive markings as in the judgment of the commissioner may be deemed227
advisable, so as to indicate the class of weight of the vehicle for which the license plate was228
issued. Any license plate for a low-speed vehicle, miniature on-road vehicle, or229
multipurpose off-highway vehicle shall designate the vehicle as such. Such plates may also230
bear such figures, characters, letters, or combinations thereof as in the judgment of the231
commissioner will to the best advantage advertise, popularize, and otherwise promote232
Georgia as the 'Peach State.' Except for license plates issued pursuant to Article 2B of this233
chapter, any license plate issued pursuant to this chapter shall be of such strength and234
quality that the plate shall provide a minimum service period of at least five years. The235
commissioner shall adopt rules and regulations, pursuant to the provisions of Chapter 13236
of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance of new237
license plates and to implement the other provisions of this Code section."238
SECTION 6.239
Said title is further amended in Code Section 40-2-33, relating to issuance of license plates240
and decals, transfer of registration to a digital license plate, compensation of tag agents, and241
required identification, by revising paragraphs (2.1) and (3) of subsection (a) as follows:242
"(2.1) The commissioner may provide for the issuance of a temporary operating permit243
for any multipurpose off-highway miniature on-road vehicle, to be displayed until such244
time as a license plate of the design required by Code Section 40-2-31 has been issued245
to the registrant as a replacement for such temporary operating permit; provided,246
however, that any such temporary operating permit shall designate the multipurpose247
off-highway miniature on-road vehicle as such; and provided, further, that the248
commissioner shall make available for issuance multipurpose off-highway miniature249
on-road vehicle license plates of the design required by Code Section 40-2-31 not later250
than January 1, 2024 2025.251
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(3) At the time of initial application for registration or at any time during the registration252
period, a vehicle owner may file with the county tag agent, on a form or electronic form253
prescribed by the commissioner, a request to have a vehicle license plate duplicated on254
a digital license plate purchased from a digital license plate provider. Such request to the255
county tag agent shall include all applicable registration fees. Upon approving the256
application provided in this paragraph, the commissioner or county tag agent shall furnish257
the digital license plate provider with the appropriate licensing information to be258
displayed upon the digital license plate. In accordance with Code Section 40-2-8259
40-2-8.1, a 45 day temporary operating permit shall be issued by the commissioner or260
county tag agent to an applicant for a digital license plate until such license plate is261
received by the applicant."262
SECTION 7.263
Said title is further amended in Code Section 40-2-151, relating to annual license fees for264
operation of vehicles, by revising paragraph (2) of subsection (a) as follows:265
"(2) For each motorcycle, miniature on-road vehicle, or multipurpose266
off-highway vehicle.............................................267 20.00"
SECTION 8.268
Said title is further amended in Code Section 40-3-30.1, relating to standards for issuance to269
assembled motor vehicle and motorcycle or converted motor vehicle and inspections, by270
revising subsection (f) as follows:271
"(f) Unconventional motor vehicles or motorcycles shall not be titled or registered;272
provided, however, that a multipurpose off-highway vehicle manufactured after January273
1, 2000, the following unconventional motor vehicles shall be registered upon proper274
application and payment of the required fee:275
(1) A multipurpose off-highway vehicle manufactured after January 1, 2000;276
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(2) A miniature on-road vehicle manufactured more than 25 years prior to application;277
and278
(3) A miniature on-road vehicle manufactured less than 25 years prior to application that279
has been modified by an importer registered with the United States Department of280
Transportation to comply with applicable federal motor vehicle safety standards issued281
pursuant to 49 U.S.C.A. Section 30101, et seq., and certified by such importer as such."282
SECTION 9.283
Said title is further amended by revising Part 5 of Article 13 of Chapter 6, relating to284
low-speed or multipurpose off-highway vehicles, as follows:285
"Part 5286
40-6-359.287
Multipurpose off-highway vehicles and miniature on-road vehicles shall be equipped with:288
(1) Headlights;289
(2) Brake lights;290
(3) Taillights;291
(4) A rearview mirror; and292
(5) Safety belts.293
40-6-360.294
Every person operating a low-speed vehicle, miniature on-road vehicle, or multipurpose295
off-highway vehicle shall be granted all the rights and shall be subject to all the duties296
applicable to the driver of any other vehicle under this chapter except as to special297
regulations in this part and except as to those provisions of this chapter which by their298
nature can have no application.299
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40-6-361.300
(a) All low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway301
vehicles are entitled to full use of a lane, and no motor vehicle shall be driven in such a302
manner as to deprive any such vehicles of the full use of a lane.303
(b) The operator of a low-speed vehicle, miniature on-road vehicle, or multipurpose304
off-highway vehicle shall not overtake and pass in the same lane occupied by the vehicle305
being overtaken.306
(c) No person shall operate a low-speed vehicle, miniature on-road vehicle, or307
multipurpose off-highway vehicle between lanes of traffic or between adjacent lines or308
rows of vehicles.309
(d) Low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway310
vehicles shall not be operated two or more abreast in a single lane.311
40-6-362.312
(a) Low-speed vehicles shall be operated only on any highway where the posted speed313
limit does not exceed 35 miles per hour. The operator of a low-speed vehicle shall not314
operate such vehicle on any highway where the posted speed limit exceeds 35 miles per315
hour.316
(b) Multipurpose off-highway vehicles shall be operated only on highways that are part317
of a county road system and shall be authorized to cross highways that are part of a318
municipal street system or are part of the state highway system.319
(c) Miniature on-road vehicles shall be operated only on highways that are part of a320
municipal street system or county road system, provided that such operation has not been321
prohibited through ordinance or resolution within a local jurisdiction, and shall be322
authorized to cross highways that are part of the state highway system."323
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SECTION 10.324
Said title is further amended in Code Section 40-6-371, relating to powers of local authorities325
generally, by revising paragraphs (18.1) through (20) of subsection (a) and subsection (c) as326
follows:327
"(18.1)(19) Regulating the operation of electric personal assistive mobility devices,328
provided that such regulations are no less restrictive than those imposed by Part 2A of329
Article 13 of this chapter;330
(18.2)(20) Regulating the operation of personal transportation vehicles, provided that331
such regulations comply with Parts 3 and 6 of Article 13 of this chapter;332
(21) Prohibiting the operation of miniature on-road vehicles as authorized in Code333
Section 40-6-362;334
(19)(22) Adopting and enforcing such temporary or experimental regulations as may be335
necessary to cover emergencies or special conditions; or336
(20)(23) Adopting such other traffic regulations as are specifically authorized by this337
chapter."338
"(c) No ordinance or regulation enacted under paragraph (4), (5), (6), (8), (9), (10), (11),339
(12), (13), (14), (15), (16), (17), (18), or (18.2) (20), or (21) of subsection (a) of this Code340
section shall be effective until official traffic-control devices giving notice of such local341
traffic regulations are erected upon or at the entrances to the highway or the part thereof342
affected as may be most appropriate."343
SECTION 11.344
This Act shall become effective on October 1, 2024.345
SECTION 12.346
All laws and parts of laws in conflict with this Act are repealed.347
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