8 | | - | to provide for standards for registration of such vehicles; to provide for conditions,3 |
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9 | | - | procedures, and limitations for issuance of temporary operating permits for motor vehicles;4 |
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10 | | - | to revise provisions relative to the operation of an unregistered motor vehicle or vehicle5 |
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11 | | - | without a current license plate, revalidation decal, county decal, or temporary operating6 |
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12 | | - | permit; to authorize the development and maintenance by third parties of an electronic7 |
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13 | | - | temporary operating permit issuance system for issuance of temporary operating permits; to8 |
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14 | | - | provide for utilization of such system by dealers for issuance of temporary operating permits;9 |
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15 | | - | to provide for the suspension of access to such system by the department for certain10 |
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16 | | - | violations; to provide for notice and hearings; to provide for issuance of license plates for11 |
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17 | | - | miniature on-road vehicles; to provide for an annual licensing fee for such vehicles; to12 |
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18 | | - | provide for issuance of certificates of title by the Department of Revenue for such vehicles;13 |
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19 | | - | to provide for equipment and operating standards for such vehicles; to provide local14 |
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20 | | - | authorities with the power to prohibit operation of miniature on-road vehicles; to require15 |
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21 | | - | posting of notice of such prohibition upon highways; to revise and provide for a definition;16 |
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22 | | - | to provide for related matters; to provide for an effective date; to repeal conflicting laws; and17 |
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23 | | - | for other purposes.18 |
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24 | | - | - 1 - 24 LC 39 4341S |
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25 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:19 |
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26 | | - | SECTION 1.20 |
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27 | | - | Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is21 |
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28 | | - | amended in Code Section 40-1-1, relating to definitions, by revising paragraph (27.1) and22 |
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29 | | - | adding a new paragraph to read as follows:23 |
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30 | | - | "(27.1) 'Miniature on-road vehicle' means any motorized vehicle designed and24 |
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31 | | - | manufactured for use upon roadways in another country that has been imported into the25 |
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32 | | - | United States with a valid certificate of title or registration from the exporting country26 |
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33 | | - | and in compliance with all federal importation requirements and which has the following27 |
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34 | | - | characteristics:28 |
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35 | | - | (A) Has the capability to transport persons;29 |
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36 | | - | (B) Operates between 25 miles per hour (40.2 kilometers per hour) and 65 miles per30 |
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37 | | - | hour (104.6 kilometers per hour);31 |
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38 | | - | (C) Has an overall width of 80 inches (2,030 millimeters) or less, exclusive of32 |
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39 | | - | accessories or attachments;33 |
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40 | | - | (D) Is designed to travel on four or more wheels;34 |
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41 | | - | (E) Uses a steering wheel for steering control;35 |
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42 | | - | (F) Contains a nonstraddle seat;36 |
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43 | | - | (G) Has a gross vehicle weight rating of less than 4,000 pounds (1,814 kilograms); and37 |
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44 | | - | (H) Is not designed or manufactured as a golf cart, all-terrain vehicle, or multipurpose38 |
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45 | | - | off-highway vehicle.39 |
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46 | | - | (27.2) 'Minimal risk condition' means a low-risk operating mode in which a fully40 |
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47 | | - | autonomous vehicle operating without a human driver achieves a reasonably safe state,41 |
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48 | | - | such as bringing the vehicle to a complete stop, upon experiencing a failure of the42 |
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49 | | - | vehicle's automated driving system that renders the vehicle unable to perform the entire43 |
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50 | | - | dynamic driving task."44 |
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51 | | - | - 2 - 24 LC 39 4341S |
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52 | | - | SECTION 2.45 |
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53 | | - | Said title is further amended by revising Code Section 40-2-8, relating to operation of46 |
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54 | | - | unregistered vehicle or vehicle without current license plate, revalidation decal, or county47 |
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55 | | - | decal and temporary operating permit issued by dealers of new or used motor vehicles, as48 |
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56 | | - | follows:49 |
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57 | | - | "40-2-8.50 |
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58 | | - | (a) No person shall own, rent, lease, loan, or operate any vehicle required to be registered51 |
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59 | | - | pursuant to Code Section 40-2-20 upon a highway in this state without registering such52 |
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60 | | - | vehicle. Any person who becomes a resident of this state shall register his or her vehicle53 |
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61 | | - | within 30 days of becoming a resident. Each day that a vehicle is in violation of this Code54 |
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62 | | - | section shall be deemed to be a separate and distinct offense. Any person convicted of such55 |
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63 | | - | offense shall be guilty of a misdemeanor and punished by a fine of $100.00 for each56 |
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64 | | - | violation. Any person owning or operating any vehicle described in Code Section 40-2-2057 |
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65 | | - | on any public highway or street without complying with that Code section shall be guilty58 |
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66 | | - | of a misdemeanor, provided that a person shall register his or her motor vehicle within 3059 |
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67 | | - | days after becoming a resident of this state. Any person renting, leasing, or loaning any60 |
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68 | | - | vehicle described in Code Section 40-2-20 which is being used on any public highway or61 |
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69 | | - | street without complying with that Code section shall be guilty of a misdemeanor and, upon62 |
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70 | | - | conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day63 |
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71 | | - | that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be64 |
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72 | | - | a separate and distinct offense.65 |
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73 | | - | (b)(1) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle66 |
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74 | | - | required to be registered in this state pursuant to Code Section 40-2-20 without a valid67 |
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75 | | - | numbered license plate properly validated with a current revalidation decal, unless such68 |
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76 | | - | operation is otherwise permitted under this chapter; and provided, further, that the69 |
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77 | | - | purchaser of a new vehicle or a used vehicle from a dealer of new or used motor vehicles70 |
---|
78 | | - | who displays a temporary operating permit issued as provided by paragraph (2) of this71 |
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79 | | - | - 3 - 24 LC 39 4341S |
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80 | | - | subsection Code Section 40-2-8.1 may operate such vehicle on the public highways and72 |
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81 | | - | streets of this state without a current valid license plate during the period within which73 |
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82 | | - | the purchaser is required by Code Section authorized by Code Sections 40-2-8.1 and74 |
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83 | | - | 40-2-20. An owner acquiring a motor vehicle from an entity that is not a new or used75 |
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84 | | - | vehicle dealer shall register such vehicle as provided for in Code Section 40-2-29 unless76 |
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85 | | - | such vehicle is to be registered under the International Registration Plan pursuant to77 |
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86 | | - | Article 3A of this chapter.78 |
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87 | | - | (2)(A) Any dealer of new or used motor vehicles shall issue to the purchaser of a79 |
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88 | | - | vehicle at the time of sale thereof, unless such vehicle is to be registered under the80 |
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89 | | - | International Registration Plan, a temporary operating permit as provided for by81 |
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90 | | - | department rules or regulations which may bear the dealer's name and location and shall82 |
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91 | | - | bear an expiration date 45 days from the date of purchase. The expiration date of such83 |
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92 | | - | a temporary operating permit may be revised and extended by the county tag agent84 |
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93 | | - | upon application by the dealer, the purchaser, or the transferee if an extension of the85 |
---|
94 | | - | purchaser's initial registration period has been granted as provided by Code86 |
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95 | | - | Section 40-2-20. Such temporary operating permit shall not resemble a license plate87 |
---|
96 | | - | issued by this state and shall be issued without charge or fee. The requirements of this88 |
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97 | | - | paragraph shall not apply to a dealer whose primary business is the sale of salvage89 |
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98 | | - | motor vehicles and other vehicles on which total loss claims have been paid by insurers.90 |
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99 | | - | (B) All temporary operating permits issued by dealers to purchasers of vehicles shall91 |
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100 | | - | be of a standard design prescribed by regulation promulgated by the department. The92 |
---|
101 | | - | department may provide by rule or regulation for the sale and distribution of such93 |
---|
102 | | - | temporary operating permits by third parties in accordance with paragraph (3) of this94 |
---|
103 | | - | subsection.95 |
---|
104 | | - | (3) All sellers and distributors of temporary operating permits shall maintain an96 |
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105 | | - | inventory record of temporary operating permits by number and name of the dealer.97 |
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106 | | - | - 4 - 24 LC 39 4341S |
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107 | | - | (4)(2) The purchaser and operator of a vehicle shall not be subject to the penalties set98 |
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108 | | - | forth in this Code section during the period allowed for the registration of such vehicle. 99 |
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109 | | - | If the owner of such vehicle presents evidence that such owner has properly applied for100 |
---|
110 | | - | the registration of such vehicle, but that the license plate or revalidation decal has not101 |
---|
111 | | - | been delivered to such owner, then the owner shall not be subject to the penalties102 |
---|
112 | | - | enumerated in this subsection.103 |
---|
113 | | - | (c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle104 |
---|
114 | | - | required to be registered in the State of Georgia this state without a valid county decal105 |
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115 | | - | designating the county where the vehicle was last registered, unless such operation is106 |
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116 | | - | otherwise permitted under this chapter. Any person convicted of such offense shall be107 |
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117 | | - | punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent108 |
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118 | | - | such offense. However, a A county name decal shall not be required if there is no space109 |
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119 | | - | provided for a county name decal on the current license plate. Any person convicted of a110 |
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120 | | - | violation of this subsection shall be subject to a fine not to exceed $25.00 if that person111 |
---|
121 | | - | shows to the court having jurisdiction of the offense that the proper revalidation decal had112 |
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122 | | - | been obtained prior to the time of the offense.113 |
---|
123 | | - | (d) No violation of this Code section shall have occurred upon presentation of evidence114 |
---|
124 | | - | that the owner had properly applied for the registration of such vehicle, but that the license115 |
---|
125 | | - | plate or revalidation decal had not been delivered to such owner at the time the uniform116 |
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126 | | - | traffic citation was issued.117 |
---|
127 | | - | (e) The commissioner is authorized to promulgate rules and regulations necessary to118 |
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128 | | - | effectuate the provisions of this Code section."119 |
---|
129 | | - | SECTION 3.120 |
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130 | | - | Said title is further amended by revising Code Section 40-2-8.1, relating to operation of121 |
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131 | | - | vehicle without revalidation decal on license plate, as follows:122 |
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132 | | - | - 5 - 24 LC 39 4341S |
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133 | | - | "40-2-8.1.123 |
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134 | | - | Notwithstanding Code Section 40-2-8 or any other provision of law, a person who operates124 |
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135 | | - | a vehicle which is required to be registered in this state and which has attached to the rear125 |
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136 | | - | thereof a valid numbered license plate without having the required revalidation decal126 |
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137 | | - | affixed upon that plate, which person is otherwise guilty of a misdemeanor for not having127 |
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138 | | - | such decal affixed to the plate, shall be subject for that offense only to a fine not to exceed128 |
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139 | | - | $25.00 if that person shows to the court having jurisdiction of the offense that the proper129 |
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140 | | - | revalidation decal had been obtained prior to the time of the offense.130 |
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141 | | - | (a) Any dealer of new or used motor vehicles shall issue a temporary operating permit131 |
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142 | | - | without charge or fee to the purchaser of a vehicle at the time of sale thereof, unless such132 |
---|
143 | | - | vehicle is to be registered under the International Registration Plan or such dealer is one133 |
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144 | | - | whose primary business is the sale of salvage motor vehicles and other vehicles on which134 |
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145 | | - | total loss claims have been paid by insurers. Such temporary operating permit shall be of135 |
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146 | | - | a standard design prescribed the department; provided, however, that such permit shall not136 |
---|
147 | | - | resemble a license plate issued by this state. A temporary operating permit may bear the137 |
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148 | | - | name and location of the dealer and shall include an expiration date which shall be 45 days138 |
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149 | | - | from the date of purchase. The expiration date of a temporary operating permit may be139 |
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150 | | - | revised and extended by the county tag agent upon application by the dealer, purchaser, or140 |
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151 | | - | transferee if an extension of the purchaser's initial registration period has been granted as141 |
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152 | | - | provided by Code Section 40-2-20.142 |
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153 | | - | (b)(1) The department may provide by rule or regulation for the sale and distribution of143 |
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154 | | - | temporary operating permits to dealers by third parties through the development and144 |
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155 | | - | maintenance of an electronic temporary operating permit issuance system and establish145 |
---|
156 | | - | standards for distribution and issuance of such permits. The department may further146 |
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157 | | - | provide by rule or regulation for standards for authorized access to an electronic147 |
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158 | | - | temporary operating permit issuance system, which may include, but shall not be limited148 |
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159 | | - | to, required criminal background checks for any user of the system. Any third party149 |
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160 | | - | - 6 - 24 LC 39 4341S |
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161 | | - | authorized to distribute and issue temporary operating permits shall maintain an inventory150 |
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162 | | - | record of such permits by number and name of the dealer.151 |
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163 | | - | (2)(A) The department shall be authorized to suspend access to the electronic152 |
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164 | | - | temporary operating permit issuance system established pursuant to this subsection for153 |
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165 | | - | any dealer found to have issued a temporary operating permit for a vehicle which has154 |
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166 | | - | not been sold or intended to be registered or that otherwise violated requirements for155 |
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167 | | - | issuance of such permits established by rule or regulation of the department after156 |
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168 | | - | issuance of notice of such violation by electronic means and opportunity for informal157 |
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169 | | - | review as set forth in this subparagraph. Any dealer that has received notice pursuant158 |
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170 | | - | to this subsection of an alleged violation and for which the department intends to159 |
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171 | | - | suspend access to the electronic temporary operating permit issuance system may160 |
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172 | | - | request an informal review of the allegations with the department. The method for161 |
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173 | | - | making such request shall be developed by the department and may be by electronic162 |
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174 | | - | means. Upon receipt of such request for informal review, the department shall, within163 |
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175 | | - | ten business days, schedule an informal conference with such dealer to review the164 |
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176 | | - | suspected violations. Proceedings under this subparagraph shall not be governed by165 |
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177 | | - | any formal procedural requirements and may be conducted in such manner as the166 |
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178 | | - | department may establish by rule or regulation. The department shall consider the167 |
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179 | | - | historical use of the electronic temporary operating permit issuance system by the168 |
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180 | | - | dealer under consideration for access suspension, together with other pertinent169 |
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181 | | - | information which may be available, and shall render a decision regarding access to the170 |
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182 | | - | electronic temporary operating permit issuance system within seven business days of171 |
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183 | | - | the informal conference. Upon a finding that such dealer violated the requirements of172 |
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184 | | - | this Code section or rules and regulations of the department, the department shall173 |
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185 | | - | suspend access to the electronic temporary operating permit issuance system for a174 |
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186 | | - | period of no longer than six months and notify such dealer of its decision.175 |
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187 | | - | - 7 - 24 LC 39 4341S |
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188 | | - | (B) If the department suspends a dealer's access to the electronic temporary operating176 |
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189 | | - | permit issuance system established pursuant to this subsection after an informal review177 |
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190 | | - | held pursuant to subparagraph (A) of this paragraph, the suspended dealer shall have178 |
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191 | | - | the right to request a formal hearing to review the suspension pursuant to Code Section179 |
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192 | | - | 40-3-6. At such hearing, the department may present evidence of any instances in180 |
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193 | | - | which the suspended dealer unlawfully issued temporary operating permits or issued181 |
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194 | | - | fraudulent temporary operating permits. Upon a finding that the suspended dealer is182 |
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195 | | - | in compliance with the requirements of this Code section and only issued temporary183 |
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196 | | - | operating permits for bona fide motor vehicle sales, the department shall provide for the184 |
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197 | | - | immediate restoration of access to the electronic temporary operating permit issuance185 |
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198 | | - | system for such dealer. Upon a finding that the suspended dealer violated the186 |
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199 | | - | requirements of this Code section or rules and regulations of the department, the187 |
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200 | | - | department shall be authorized to extend the term of suspension for a period of up to188 |
---|
201 | | - | 24 months. Upon a finding that a dealer unlawfully issued temporary operating permits189 |
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202 | | - | in violation of this chapter or rules and regulations of the department, the department190 |
---|
203 | | - | shall further be authorized to issue a civil monetary penalty in an amount no greater191 |
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204 | | - | than $100.00 per violation, suspend or revoke the registration issued to a dealer192 |
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205 | | - | pursuant to Code Section 40-2-39, and suspend, confiscate, or limit issuance of any193 |
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206 | | - | dealer plates issued pursuant to Code Section 40-2-38 for a period of up to 24 months. 194 |
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207 | | - | The department shall comply with Chapter 13 of Title 50, the 'Georgia Administrative195 |
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208 | | - | Procedure Act,' in relation to the hearing provided for in this subparagraph and the196 |
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209 | | - | suspended dealer shall have the right to appeal any decision of the department in197 |
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210 | | - | accordance with such chapter.198 |
---|
211 | | - | (c) The commissioner is authorized to promulgate rules and regulations necessary to199 |
---|
212 | | - | effectuate the provisions of this Code section."200 |
---|
213 | | - | - 8 - 24 LC 39 4341S |
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214 | | - | SECTION 4.201 |
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215 | | - | Said title is further amended in Code Section 40-2-27, relating to registration of motor202 |
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216 | | - | vehicles not manufactured to comply with federal emission and safety standards, certificate203 |
---|
217 | | - | of registration for an assembled motor vehicle or motorcycle or a converted motor vehicle,204 |
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218 | | - | and former military motor vehicles, by revising subsection (e) as follows:205 |
---|
219 | | - | "(e) The provisions of subsection (a) of this Code section shall not apply to applications206 |
---|
220 | | - | for certificates of registration for former military motor vehicles that are less than 25 years207 |
---|
221 | | - | old and manufactured for the United States military, or multipurpose off-highway vehicles208 |
---|
222 | | - | manufactured after January 1, 2000, or miniature on-road vehicles manufactured more than209 |
---|
223 | | - | 25 years prior to application; provided, however, that the exception provided by this210 |
---|
224 | | - | subsection shall be applicable to miniature on-road vehicles manufactured less than 25211 |
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225 | | - | years prior to application that have been modified by an importer registered with the United212 |
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226 | | - | States Department of Transportation to comply with applicable federal motor vehicle safety213 |
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227 | | - | standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., and certified by such214 |
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228 | | - | importer as such."215 |
---|
229 | | - | SECTION 5.216 |
---|
230 | | - | Said title is further amended in Code Section 40-2-31, relating to license plate design and217 |
---|
231 | | - | revalidation and county decals, by revising subsection (b) as follows:218 |
---|
232 | | - | "(b) License plates issued pursuant to this chapter shall be at least six inches wide and not219 |
---|
233 | | - | less than 12 inches in length, except that motorcycle license plates shall be at least four220 |
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234 | | - | inches wide and not less than seven inches in length and license plates for low-speed221 |
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235 | | - | vehicles, miniature on-road vehicles, and multipurpose off-highway vehicles shall be a size222 |
---|
236 | | - | determined by the commissioner. All license plates shall show in boldface characters the223 |
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237 | | - | month and year of expiration, the serial number, and either the full name or the224 |
---|
238 | | - | abbreviation of the name of the state, shall designate the county from which the license225 |
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239 | | - | plate was issued unless specifically stated otherwise in this chapter, and shall show such226 |
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240 | | - | - 9 - 24 LC 39 4341S |
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241 | | - | other distinctive markings as in the judgment of the commissioner may be deemed227 |
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242 | | - | advisable, so as to indicate the class of weight of the vehicle for which the license plate was228 |
---|
243 | | - | issued. Any license plate for a low-speed vehicle, miniature on-road vehicle, or229 |
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244 | | - | multipurpose off-highway vehicle shall designate the vehicle as such. Such plates may also230 |
---|
245 | | - | bear such figures, characters, letters, or combinations thereof as in the judgment of the231 |
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246 | | - | commissioner will to the best advantage advertise, popularize, and otherwise promote232 |
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247 | | - | Georgia as the 'Peach State.' Except for license plates issued pursuant to Article 2B of this233 |
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248 | | - | chapter, any license plate issued pursuant to this chapter shall be of such strength and234 |
---|
249 | | - | quality that the plate shall provide a minimum service period of at least five years. The235 |
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250 | | - | commissioner shall adopt rules and regulations, pursuant to the provisions of Chapter 13236 |
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251 | | - | of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance of new237 |
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252 | | - | license plates and to implement the other provisions of this Code section."238 |
---|
253 | | - | SECTION 6.239 |
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254 | | - | Said title is further amended in Code Section 40-2-33, relating to issuance of license plates240 |
---|
255 | | - | and decals, transfer of registration to a digital license plate, compensation of tag agents, and241 |
---|
256 | | - | required identification, by revising paragraphs (2.1) and (3) of subsection (a) as follows:242 |
---|
257 | | - | "(2.1) The commissioner may provide for the issuance of a temporary operating permit243 |
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258 | | - | for any multipurpose off-highway miniature on-road vehicle, to be displayed until such244 |
---|
259 | | - | time as a license plate of the design required by Code Section 40-2-31 has been issued245 |
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260 | | - | to the registrant as a replacement for such temporary operating permit; provided,246 |
---|
261 | | - | however, that any such temporary operating permit shall designate the multipurpose247 |
---|
262 | | - | off-highway miniature on-road vehicle as such; and provided, further, that the248 |
---|
263 | | - | commissioner shall make available for issuance multipurpose off-highway miniature249 |
---|
264 | | - | on-road vehicle license plates of the design required by Code Section 40-2-31 not later250 |
---|
265 | | - | than January 1, 2024 2025.251 |
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266 | | - | - 10 - 24 LC 39 4341S |
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267 | | - | (3) At the time of initial application for registration or at any time during the registration252 |
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268 | | - | period, a vehicle owner may file with the county tag agent, on a form or electronic form253 |
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269 | | - | prescribed by the commissioner, a request to have a vehicle license plate duplicated on254 |
---|
270 | | - | a digital license plate purchased from a digital license plate provider. Such request to the255 |
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271 | | - | county tag agent shall include all applicable registration fees. Upon approving the256 |
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272 | | - | application provided in this paragraph, the commissioner or county tag agent shall furnish257 |
---|
273 | | - | the digital license plate provider with the appropriate licensing information to be258 |
---|
274 | | - | displayed upon the digital license plate. In accordance with Code Section 40-2-8259 |
---|
275 | | - | 40-2-8.1, a 45 day temporary operating permit shall be issued by the commissioner or260 |
---|
276 | | - | county tag agent to an applicant for a digital license plate until such license plate is261 |
---|
277 | | - | received by the applicant."262 |
---|
278 | | - | SECTION 7.263 |
---|
279 | | - | Said title is further amended in Code Section 40-2-151, relating to annual license fees for264 |
---|
280 | | - | operation of vehicles, by revising paragraph (2) of subsection (a) as follows:265 |
---|
281 | | - | "(2) For each motorcycle, miniature on-road vehicle, or multipurpose266 |
---|
282 | | - | off-highway vehicle.............................................267 20.00" |
---|
283 | | - | SECTION 8.268 |
---|
284 | | - | Said title is further amended in Code Section 40-3-30.1, relating to standards for issuance to269 |
---|
285 | | - | assembled motor vehicle and motorcycle or converted motor vehicle and inspections, by270 |
---|
286 | | - | revising subsection (f) as follows:271 |
---|
287 | | - | "(f) Unconventional motor vehicles or motorcycles shall not be titled or registered;272 |
---|
288 | | - | provided, however, that a multipurpose off-highway vehicle manufactured after January273 |
---|
289 | | - | 1, 2000, the following unconventional motor vehicles shall be registered upon proper274 |
---|
290 | | - | application and payment of the required fee:275 |
---|
291 | | - | (1) A multipurpose off-highway vehicle manufactured after January 1, 2000;276 |
---|
292 | | - | - 11 - 24 LC 39 4341S |
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293 | | - | (2) A miniature on-road vehicle manufactured more than 25 years prior to application;277 |
---|
294 | | - | and278 |
---|
295 | | - | (3) A miniature on-road vehicle manufactured less than 25 years prior to application that279 |
---|
296 | | - | has been modified by an importer registered with the United States Department of280 |
---|
297 | | - | Transportation to comply with applicable federal motor vehicle safety standards issued281 |
---|
298 | | - | pursuant to 49 U.S.C.A. Section 30101, et seq., and certified by such importer as such."282 |
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299 | | - | SECTION 9.283 |
---|
300 | | - | Said title is further amended by revising Part 5 of Article 13 of Chapter 6, relating to284 |
---|
301 | | - | low-speed or multipurpose off-highway vehicles, as follows:285 |
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302 | | - | "Part 5286 |
---|
303 | | - | 40-6-359.287 |
---|
304 | | - | Multipurpose off-highway vehicles and miniature on-road vehicles shall be equipped with:288 |
---|
305 | | - | (1) Headlights;289 |
---|
306 | | - | (2) Brake lights;290 |
---|
307 | | - | (3) Taillights;291 |
---|
308 | | - | (4) A rearview mirror; and292 |
---|
309 | | - | (5) Safety belts.293 |
---|
310 | | - | 40-6-360.294 |
---|
311 | | - | Every person operating a low-speed vehicle, miniature on-road vehicle, or multipurpose295 |
---|
312 | | - | off-highway vehicle shall be granted all the rights and shall be subject to all the duties296 |
---|
313 | | - | applicable to the driver of any other vehicle under this chapter except as to special297 |
---|
314 | | - | regulations in this part and except as to those provisions of this chapter which by their298 |
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315 | | - | nature can have no application.299 |
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316 | | - | - 12 - 24 LC 39 4341S |
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317 | | - | 40-6-361.300 |
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318 | | - | (a) All low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway301 |
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319 | | - | vehicles are entitled to full use of a lane, and no motor vehicle shall be driven in such a302 |
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320 | | - | manner as to deprive any such vehicles of the full use of a lane.303 |
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321 | | - | (b) The operator of a low-speed vehicle, miniature on-road vehicle, or multipurpose304 |
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322 | | - | off-highway vehicle shall not overtake and pass in the same lane occupied by the vehicle305 |
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323 | | - | being overtaken.306 |
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324 | | - | (c) No person shall operate a low-speed vehicle, miniature on-road vehicle, or307 |
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325 | | - | multipurpose off-highway vehicle between lanes of traffic or between adjacent lines or308 |
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326 | | - | rows of vehicles.309 |
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327 | | - | (d) Low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway310 |
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328 | | - | vehicles shall not be operated two or more abreast in a single lane.311 |
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329 | | - | 40-6-362.312 |
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330 | | - | (a) Low-speed vehicles shall be operated only on any highway where the posted speed313 |
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331 | | - | limit does not exceed 35 miles per hour. The operator of a low-speed vehicle shall not314 |
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332 | | - | operate such vehicle on any highway where the posted speed limit exceeds 35 miles per315 |
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333 | | - | hour.316 |
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334 | | - | (b) Multipurpose off-highway vehicles shall be operated only on highways that are part317 |
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335 | | - | of a county road system and shall be authorized to cross highways that are part of a318 |
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336 | | - | municipal street system or are part of the state highway system.319 |
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337 | | - | (c) Miniature on-road vehicles shall be operated only on highways that are part of a320 |
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338 | | - | municipal street system or county road system, provided that such operation has not been321 |
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339 | | - | prohibited through ordinance or resolution within a local jurisdiction, and shall be322 |
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340 | | - | authorized to cross highways that are part of the state highway system."323 |
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341 | | - | - 13 - 24 LC 39 4341S |
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342 | | - | SECTION 10.324 |
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343 | | - | Said title is further amended in Code Section 40-6-371, relating to powers of local authorities325 |
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344 | | - | generally, by revising paragraphs (18.1) through (20) of subsection (a) and subsection (c) as326 |
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345 | | - | follows:327 |
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346 | | - | "(18.1)(19) Regulating the operation of electric personal assistive mobility devices,328 |
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347 | | - | provided that such regulations are no less restrictive than those imposed by Part 2A of329 |
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348 | | - | Article 13 of this chapter;330 |
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349 | | - | (18.2)(20) Regulating the operation of personal transportation vehicles, provided that331 |
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350 | | - | such regulations comply with Parts 3 and 6 of Article 13 of this chapter;332 |
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351 | | - | (21) Prohibiting the operation of miniature on-road vehicles as authorized in Code333 |
---|
352 | | - | Section 40-6-362;334 |
---|
353 | | - | (19)(22) Adopting and enforcing such temporary or experimental regulations as may be335 |
---|
354 | | - | necessary to cover emergencies or special conditions; or336 |
---|
355 | | - | (20)(23) Adopting such other traffic regulations as are specifically authorized by this337 |
---|
356 | | - | chapter."338 |
---|
357 | | - | "(c) No ordinance or regulation enacted under paragraph (4), (5), (6), (8), (9), (10), (11),339 |
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358 | | - | (12), (13), (14), (15), (16), (17), (18), or (18.2) (20), or (21) of subsection (a) of this Code340 |
---|
359 | | - | section shall be effective until official traffic-control devices giving notice of such local341 |
---|
360 | | - | traffic regulations are erected upon or at the entrances to the highway or the part thereof342 |
---|
361 | | - | affected as may be most appropriate."343 |
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362 | | - | SECTION 11.344 |
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363 | | - | This Act shall become effective on October 1, 2024.345 |
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364 | | - | SECTION 12.346 |
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365 | | - | All laws and parts of laws in conflict with this Act are repealed.347 |
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366 | | - | - 14 - |
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| 20 | + | to provide for standards for registration of such vehicles; to provide for issuance of license3 |
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| 21 | + | plates for miniature on-road vehicles; to provide for an annual licensing fee for such vehicles;4 |
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| 22 | + | to provide for issuance of certificates of title by the Department of Revenue for such5 |
---|
| 23 | + | vehicles; to provide for equipment and operating standards for such vehicles; to provide local6 |
---|
| 24 | + | authorities with the power to prohibit operation of miniature on-road vehicles; to require7 |
---|
| 25 | + | posting of notice of such prohibition upon highways; to revise and provide for a definition;8 |
---|
| 26 | + | to provide for related matters; to provide for an effective date; to repeal conflicting laws; and9 |
---|
| 27 | + | for other purposes.10 |
---|
| 28 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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| 29 | + | SECTION 1.12 |
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| 30 | + | Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is13 |
---|
| 31 | + | amended in Code Section 40-1-1, relating to definitions, by revising paragraph (27.1) and14 |
---|
| 32 | + | adding a new paragraph to read as follows:15 |
---|
| 33 | + | H. B. 1239 (SUB) |
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| 34 | + | - 1 - 24 LC 39 4256S |
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| 35 | + | "(27.1) 'Miniature on-road vehicle' means any motorized vehicle designed and16 |
---|
| 36 | + | manufactured for use upon roadways in another country that has been imported into the17 |
---|
| 37 | + | United States with a valid certificate of title or registration from the exporting country18 |
---|
| 38 | + | and in compliance with all federal importation requirements and which has the following19 |
---|
| 39 | + | characteristics:20 |
---|
| 40 | + | (A) Has the capability to transport persons;21 |
---|
| 41 | + | (B) Operates between 25 miles per hour (40.2 kilometers per hour) and 65 miles per22 |
---|
| 42 | + | hour (104.6 kilometers per hour);23 |
---|
| 43 | + | (C) Has an overall width of 80 inches (2,030 millimeters) or less, exclusive of24 |
---|
| 44 | + | accessories or attachments;25 |
---|
| 45 | + | (D) Is designed to travel on four or more wheels;26 |
---|
| 46 | + | (E) Uses a steering wheel for steering control;27 |
---|
| 47 | + | (F) Contains a nonstraddle seat;28 |
---|
| 48 | + | (G) Has a gross vehicle weight rating of less than 4,000 pounds (1,814 kilograms); and29 |
---|
| 49 | + | (H) Is not designed or manufactured as a golf cart, all-terrain vehicle, or multipurpose30 |
---|
| 50 | + | off-highway vehicle.31 |
---|
| 51 | + | (27.2) 'Minimal risk condition' means a low-risk operating mode in which a fully32 |
---|
| 52 | + | autonomous vehicle operating without a human driver achieves a reasonably safe state,33 |
---|
| 53 | + | such as bringing the vehicle to a complete stop, upon experiencing a failure of the34 |
---|
| 54 | + | vehicle's automated driving system that renders the vehicle unable to perform the entire35 |
---|
| 55 | + | dynamic driving task."36 |
---|
| 56 | + | SECTION 2.37 |
---|
| 57 | + | Said title is further amended in Code Section 40-2-27, relating to registration of motor38 |
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| 58 | + | vehicles not manufactured to comply with federal emission and safety standards, certificate39 |
---|
| 59 | + | of registration for an assembled motor vehicle or motorcycle or a converted motor vehicle,40 |
---|
| 60 | + | and former military motor vehicles, by revising subsection (e) as follows:41 |
---|
| 61 | + | H. B. 1239 (SUB) |
---|
| 62 | + | - 2 - 24 LC 39 4256S |
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| 63 | + | "(e) The provisions of subsection (a) of this Code section shall not apply to applications |
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| 64 | + | 42 |
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| 65 | + | for certificates of registration for former military motor vehicles that are less than 25 years43 |
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| 66 | + | old and manufactured for the United States military, |
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| 67 | + | or multipurpose off-highway vehicles44 |
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| 68 | + | manufactured after January 1, 2000, or miniature on-road vehicles manufactured more than45 |
---|
| 69 | + | 25 years prior to application; provided, however, that the exception provided by this46 |
---|
| 70 | + | subsection shall be applicable to miniature on-road vehicles manufactured less than 2547 |
---|
| 71 | + | years prior to application that have been modified by an importer registered with the United48 |
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| 72 | + | States Department of Transportation to comply with applicable federal motor vehicle safety49 |
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| 73 | + | standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., and certified by such50 |
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| 74 | + | importer as such."51 |
---|
| 75 | + | SECTION 3.52 |
---|
| 76 | + | Said title is further amended in Code Section 40-2-31, relating to license plate design and53 |
---|
| 77 | + | revalidation and county decals, by revising subsection (b) as follows:54 |
---|
| 78 | + | "(b) License plates issued pursuant to this chapter shall be at least six inches wide and not55 |
---|
| 79 | + | less than 12 inches in length, except that motorcycle license plates shall be at least four56 |
---|
| 80 | + | inches wide and not less than seven inches in length and license plates for low-speed57 |
---|
| 81 | + | vehicles, miniature on-road vehicles, and multipurpose off-highway vehicles shall be a size58 |
---|
| 82 | + | determined by the commissioner. All license plates shall show in boldface characters the59 |
---|
| 83 | + | month and year of expiration, the serial number, and either the full name or the60 |
---|
| 84 | + | abbreviation of the name of the state, shall designate the county from which the license61 |
---|
| 85 | + | plate was issued unless specifically stated otherwise in this chapter, and shall show such62 |
---|
| 86 | + | other distinctive markings as in the judgment of the commissioner may be deemed63 |
---|
| 87 | + | advisable, so as to indicate the class of weight of the vehicle for which the license plate was64 |
---|
| 88 | + | issued. Any license plate for a low-speed vehicle, miniature on-road vehicle, or65 |
---|
| 89 | + | multipurpose off-highway vehicle shall designate the vehicle as such. Such plates may also66 |
---|
| 90 | + | bear such figures, characters, letters, or combinations thereof as in the judgment of the67 |
---|
| 91 | + | H. B. 1239 (SUB) |
---|
| 92 | + | - 3 - 24 LC 39 4256S |
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| 93 | + | commissioner will to the best advantage advertise, popularize, and otherwise promote |
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| 94 | + | 68 |
---|
| 95 | + | Georgia as the 'Peach State.' Except for license plates issued pursuant to Article 2B of this69 |
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| 96 | + | chapter, any license plate issued pursuant to this chapter shall be of such strength and70 |
---|
| 97 | + | quality that the plate shall provide a minimum service period of at least five years. The71 |
---|
| 98 | + | commissioner shall adopt rules and regulations, pursuant to the provisions of Chapter 1372 |
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| 99 | + | of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance of new73 |
---|
| 100 | + | license plates and to implement the other provisions of this Code section."74 |
---|
| 101 | + | SECTION 4.75 |
---|
| 102 | + | Said title is further amended in Code Section 40-2-33, relating to issuance of license plates76 |
---|
| 103 | + | and decals, transfer of registration to a digital license plate, compensation of tag agents, and77 |
---|
| 104 | + | required identification, by revising paragraph (2.1) of subsection (a) as follows:78 |
---|
| 105 | + | "(2.1) The commissioner may provide for the issuance of a temporary operating permit79 |
---|
| 106 | + | for any multipurpose off-highway |
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| 107 | + | miniature on-road vehicle, to be displayed until such80 |
---|
| 108 | + | time as a license plate of the design required by Code Section 40-2-31 has been issued81 |
---|
| 109 | + | to the registrant as a replacement for such temporary operating permit; provided,82 |
---|
| 110 | + | however, that any such temporary operating permit shall designate the multipurpose83 |
---|
| 111 | + | off-highway miniature on-road vehicle as such; and provided, further, that the84 |
---|
| 112 | + | commissioner shall make available for issuance multipurpose off-highway miniature85 |
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| 113 | + | on-road vehicle license plates of the design required by Code Section 40-2-31 not later86 |
---|
| 114 | + | than January 1, 2024 2025."87 |
---|
| 115 | + | SECTION 5.88 |
---|
| 116 | + | Said title is further amended in Code Section 40-2-151, relating to annual license fees for89 |
---|
| 117 | + | operation of vehicles, by revising paragraph (2) of subsection (a) as follows:90 |
---|
| 118 | + | "(2) For each motorcycle, miniature on-road vehicle, or multipurpose91 |
---|
| 119 | + | off-highway vehicle.............................................92 20.00 " |
---|
| 120 | + | H. B. 1239 (SUB) |
---|
| 121 | + | - 4 - 24 LC 39 4256S |
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| 122 | + | SECTION 6. |
---|
| 123 | + | 93 |
---|
| 124 | + | Said title is further amended in Code Section 40-3-30.1, relating to standards for issuance to94 |
---|
| 125 | + | assembled motor vehicle and motorcycle or converted motor vehicle and inspections, by95 |
---|
| 126 | + | revising subsection (f) as follows:96 |
---|
| 127 | + | "(f) Unconventional motor vehicles or motorcycles shall not be titled or registered;97 |
---|
| 128 | + | provided, however, that a multipurpose off-highway vehicle manufactured after January |
---|
| 129 | + | 98 |
---|
| 130 | + | 1, 2000, the following unconventional motor vehicles shall be registered upon proper99 |
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| 131 | + | application and payment of the required fee:100 |
---|
| 132 | + | (1) A multipurpose off-highway vehicle manufactured after January 1, 2000;101 |
---|
| 133 | + | (2) A miniature on-road vehicle manufactured more than 25 years prior to application;102 |
---|
| 134 | + | and103 |
---|
| 135 | + | (3) A miniature on-road vehicle manufactured less than 25 years prior to application that104 |
---|
| 136 | + | has been modified by an importer registered with the United States Department of105 |
---|
| 137 | + | Transportation to comply with applicable federal motor vehicle safety standards issued106 |
---|
| 138 | + | pursuant to 49 U.S.C.A. Section 30101, et seq., and certified by such importer as such."107 |
---|
| 139 | + | SECTION 7.108 |
---|
| 140 | + | Said title is further amended by revising Part 5 of Article 13 of Chapter 6, relating to109 |
---|
| 141 | + | low-speed or multipurpose off-highway vehicles, as follows:110 |
---|
| 142 | + | "Part 5111 |
---|
| 143 | + | 40-6-359.112 |
---|
| 144 | + | Multipurpose off-highway vehicles and miniature on-road vehicles shall be equipped with:113 |
---|
| 145 | + | (1) Headlights;114 |
---|
| 146 | + | (2) Brake lights;115 |
---|
| 147 | + | (3) Taillights;116 |
---|
| 148 | + | H. B. 1239 (SUB) |
---|
| 149 | + | - 5 - 24 LC 39 4256S |
---|
| 150 | + | (4) A rearview mirror; and |
---|
| 151 | + | 117 |
---|
| 152 | + | (5) Safety belts.118 |
---|
| 153 | + | 40-6-360.119 |
---|
| 154 | + | Every person operating a low-speed vehicle, miniature on-road vehicle, |
---|
| 155 | + | or multipurpose120 |
---|
| 156 | + | off-highway vehicle shall be granted all the rights and shall be subject to all the duties121 |
---|
| 157 | + | applicable to the driver of any other vehicle under this chapter except as to special122 |
---|
| 158 | + | regulations in this part and except as to those provisions of this chapter which by their123 |
---|
| 159 | + | nature can have no application.124 |
---|
| 160 | + | 40-6-361.125 |
---|
| 161 | + | (a) All low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway126 |
---|
| 162 | + | vehicles are entitled to full use of a lane, and no motor vehicle shall be driven in such a127 |
---|
| 163 | + | manner as to deprive any such vehicles of the full use of a lane.128 |
---|
| 164 | + | (b) The operator of a low-speed vehicle, miniature on-road vehicle, or multipurpose129 |
---|
| 165 | + | off-highway vehicle shall not overtake and pass in the same lane occupied by the vehicle130 |
---|
| 166 | + | being overtaken.131 |
---|
| 167 | + | (c) No person shall operate a low-speed vehicle, miniature on-road vehicle, or132 |
---|
| 168 | + | multipurpose off-highway vehicle between lanes of traffic or between adjacent lines or133 |
---|
| 169 | + | rows of vehicles.134 |
---|
| 170 | + | (d) Low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway135 |
---|
| 171 | + | vehicles shall not be operated two or more abreast in a single lane.136 |
---|
| 172 | + | 40-6-362.137 |
---|
| 173 | + | (a) Low-speed vehicles shall be operated only on any highway where the posted speed138 |
---|
| 174 | + | limit does not exceed 35 miles per hour. The operator of a low-speed vehicle shall not139 |
---|
| 175 | + | H. B. 1239 (SUB) |
---|
| 176 | + | - 6 - 24 LC 39 4256S |
---|
| 177 | + | operate such vehicle on any highway where the posted speed limit exceeds 35 miles per |
---|
| 178 | + | 140 |
---|
| 179 | + | hour.141 |
---|
| 180 | + | (b) Multipurpose off-highway vehicles shall be operated only on highways that are part142 |
---|
| 181 | + | of a county road system and shall be authorized to cross highways that are part of a143 |
---|
| 182 | + | municipal street system or are part of the state highway system.144 |
---|
| 183 | + | (c) Miniature on-road vehicles shall be operated only on highways that are part of a |
---|
| 184 | + | 145 |
---|
| 185 | + | municipal street system or county road system, provided that such operation has not been146 |
---|
| 186 | + | prohibited through ordinance or resolution within a local jurisdiction, and shall be147 |
---|
| 187 | + | authorized to cross highways that are part of the state highway system."148 |
---|
| 188 | + | SECTION 8.149 |
---|
| 189 | + | Said title is further amended in Code Section 40-6-371, relating to powers of local authorities150 |
---|
| 190 | + | generally, by revising paragraphs (18.1) through (20) of subsection (a) and subsection (c) as151 |
---|
| 191 | + | follows:152 |
---|
| 192 | + | "(18.1)(19) Regulating the operation of electric personal assistive mobility devices,153 |
---|
| 193 | + | provided that such regulations are no less restrictive than those imposed by Part 2A of154 |
---|
| 194 | + | Article 13 of this chapter;155 |
---|
| 195 | + | (18.2)(20) Regulating the operation of personal transportation vehicles, provided that156 |
---|
| 196 | + | such regulations comply with Parts 3 and 6 of Article 13 of this chapter;157 |
---|
| 197 | + | (21) Prohibiting the operation of miniature on-road vehicles as authorized in Code158 |
---|
| 198 | + | Section 40-6-362;159 |
---|
| 199 | + | (19)(22) Adopting and enforcing such temporary or experimental regulations as may be160 |
---|
| 200 | + | necessary to cover emergencies or special conditions; or161 |
---|
| 201 | + | (20)(23) Adopting such other traffic regulations as are specifically authorized by this162 |
---|
| 202 | + | chapter."163 |
---|
| 203 | + | "(c) No ordinance or regulation enacted under paragraph (4), (5), (6), (8), (9), (10), (11),164 |
---|
| 204 | + | (12), (13), (14), (15), (16), (17), (18), or (18.2) (20), or (21) of subsection (a) of this Code165 |
---|
| 205 | + | H. B. 1239 (SUB) |
---|
| 206 | + | - 7 - 24 LC 39 4256S |
---|
| 207 | + | section shall be effective until official traffic-control devices giving notice of such local |
---|
| 208 | + | 166 |
---|
| 209 | + | traffic regulations are erected upon or at the entrances to the highway or the part thereof167 |
---|
| 210 | + | affected as may be most appropriate."168 |
---|
| 211 | + | SECTION 9.169 |
---|
| 212 | + | This Act shall become effective on October 1, 2024.170 |
---|
| 213 | + | SECTION 10.171 |
---|
| 214 | + | All laws and parts of laws in conflict with this Act are repealed.172 |
---|
| 215 | + | H. B. 1239 (SUB) |
---|
| 216 | + | - 8 - |
---|