Georgia 2023-2024 Regular Session

Georgia House Bill HB1239 Compare Versions

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1-24 LC 39 4341S
2-The Senate Committee on Public Safety offered the following
3-substitute to HB 1239:
1+24 LC 39 4256S
2+House Bill 1239 (COMMITTEE SUBSTITUTE)
3+By: Representatives Collins of the 71
4+st
5+, Corbett of the 174
6+th
7+, Rhodes of the 124
8+th
9+, Jasperse of
10+the 11
11+th
12+, and Dickey of the 145
13+th
14+
415 A BILL TO BE ENTITLED
516 AN ACT
6-To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and1
17+To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and
18+1
719 traffic, so as to provide for the operation of miniature on-road vehicles on certain highways;2
8-to provide for standards for registration of such vehicles; to provide for conditions,3
9-procedures, and limitations for issuance of temporary operating permits for motor vehicles;4
10-to revise provisions relative to the operation of an unregistered motor vehicle or vehicle5
11-without a current license plate, revalidation decal, county decal, or temporary operating6
12-permit; to authorize the development and maintenance by third parties of an electronic7
13-temporary operating permit issuance system for issuance of temporary operating permits; to8
14-provide for utilization of such system by dealers for issuance of temporary operating permits;9
15-to provide for the suspension of access to such system by the department for certain10
16-violations; to provide for notice and hearings; to provide for issuance of license plates for11
17-miniature on-road vehicles; to provide for an annual licensing fee for such vehicles; to12
18-provide for issuance of certificates of title by the Department of Revenue for such vehicles;13
19-to provide for equipment and operating standards for such vehicles; to provide local14
20-authorities with the power to prohibit operation of miniature on-road vehicles; to require15
21-posting of notice of such prohibition upon highways; to revise and provide for a definition;16
22-to provide for related matters; to provide for an effective date; to repeal conflicting laws; and17
23-for other purposes.18
24-- 1 - 24 LC 39 4341S
25-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:19
26-SECTION 1.20
27-Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is21
28-amended in Code Section 40-1-1, relating to definitions, by revising paragraph (27.1) and22
29-adding a new paragraph to read as follows:23
30-"(27.1) 'Miniature on-road vehicle' means any motorized vehicle designed and24
31-manufactured for use upon roadways in another country that has been imported into the25
32-United States with a valid certificate of title or registration from the exporting country26
33-and in compliance with all federal importation requirements and which has the following27
34-characteristics:28
35-(A) Has the capability to transport persons;29
36-(B) Operates between 25 miles per hour (40.2 kilometers per hour) and 65 miles per30
37-hour (104.6 kilometers per hour);31
38-(C) Has an overall width of 80 inches (2,030 millimeters) or less, exclusive of32
39-accessories or attachments;33
40-(D) Is designed to travel on four or more wheels;34
41-(E) Uses a steering wheel for steering control;35
42-(F) Contains a nonstraddle seat;36
43-(G) Has a gross vehicle weight rating of less than 4,000 pounds (1,814 kilograms); and37
44-(H) Is not designed or manufactured as a golf cart, all-terrain vehicle, or multipurpose38
45-off-highway vehicle.39
46-(27.2) 'Minimal risk condition' means a low-risk operating mode in which a fully40
47-autonomous vehicle operating without a human driver achieves a reasonably safe state,41
48-such as bringing the vehicle to a complete stop, upon experiencing a failure of the42
49-vehicle's automated driving system that renders the vehicle unable to perform the entire43
50-dynamic driving task."44
51-- 2 - 24 LC 39 4341S
52-SECTION 2.45
53-Said title is further amended by revising Code Section 40-2-8, relating to operation of46
54-unregistered vehicle or vehicle without current license plate, revalidation decal, or county47
55-decal and temporary operating permit issued by dealers of new or used motor vehicles, as48
56-follows:49
57-"40-2-8.50
58-(a) No person shall own, rent, lease, loan, or operate any vehicle required to be registered51
59-pursuant to Code Section 40-2-20 upon a highway in this state without registering such52
60-vehicle. Any person who becomes a resident of this state shall register his or her vehicle53
61-within 30 days of becoming a resident. Each day that a vehicle is in violation of this Code54
62-section shall be deemed to be a separate and distinct offense. Any person convicted of such55
63-offense shall be guilty of a misdemeanor and punished by a fine of $100.00 for each56
64-violation. Any person owning or operating any vehicle described in Code Section 40-2-2057
65-on any public highway or street without complying with that Code section shall be guilty58
66-of a misdemeanor, provided that a person shall register his or her motor vehicle within 3059
67-days after becoming a resident of this state. Any person renting, leasing, or loaning any60
68-vehicle described in Code Section 40-2-20 which is being used on any public highway or61
69-street without complying with that Code section shall be guilty of a misdemeanor and, upon62
70-conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day63
71-that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be64
72-a separate and distinct offense.65
73-(b)(1) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle66
74-required to be registered in this state pursuant to Code Section 40-2-20 without a valid67
75-numbered license plate properly validated with a current revalidation decal, unless such68
76-operation is otherwise permitted under this chapter; and provided, further, that the69
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
79-- 3 - 24 LC 39 4341S
80-subsection Code Section 40-2-8.1 may operate such vehicle on the public highways and72
81-streets of this state without a current valid license plate during the period within which73
82-the purchaser is required by Code Section authorized by Code Sections 40-2-8.1 and74
83-40-2-20. An owner acquiring a motor vehicle from an entity that is not a new or used75
84-vehicle dealer shall register such vehicle as provided for in Code Section 40-2-29 unless76
85-such vehicle is to be registered under the International Registration Plan pursuant to77
86-Article 3A of this chapter.78
87-(2)(A) Any dealer of new or used motor vehicles shall issue to the purchaser of a79
88-vehicle at the time of sale thereof, unless such vehicle is to be registered under the80
89-International Registration Plan, a temporary operating permit as provided for by81
90-department rules or regulations which may bear the dealer's name and location and shall82
91-bear an expiration date 45 days from the date of purchase. The expiration date of such83
92-a temporary operating permit may be revised and extended by the county tag agent84
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
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
97-paragraph shall not apply to a dealer whose primary business is the sale of salvage89
98-motor vehicles and other vehicles on which total loss claims have been paid by insurers.90
99-(B) All temporary operating permits issued by dealers to purchasers of vehicles shall91
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
105-inventory record of temporary operating permits by number and name of the dealer.97
106-- 4 - 24 LC 39 4341S
107-(4)(2) The purchaser and operator of a vehicle shall not be subject to the penalties set98
108-forth in this Code section during the period allowed for the registration of such vehicle. 99
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
115-designating the county where the vehicle was last registered, unless such operation is106
116-otherwise permitted under this chapter. Any person convicted of such offense shall be107
117-punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent108
118-such offense. However, a A county name decal shall not be required if there is no space109
119-provided for a county name decal on the current license plate. Any person convicted of a110
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
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
126-traffic citation was issued.117
127-(e) The commissioner is authorized to promulgate rules and regulations necessary to118
128-effectuate the provisions of this Code section."119
129-SECTION 3.120
130-Said title is further amended by revising Code Section 40-2-8.1, relating to operation of121
131-vehicle without revalidation decal on license plate, as follows:122
132-- 5 - 24 LC 39 4341S
133-"40-2-8.1.123
134-Notwithstanding Code Section 40-2-8 or any other provision of law, a person who operates124
135-a vehicle which is required to be registered in this state and which has attached to the rear125
136-thereof a valid numbered license plate without having the required revalidation decal126
137-affixed upon that plate, which person is otherwise guilty of a misdemeanor for not having127
138-such decal affixed to the plate, shall be subject for that offense only to a fine not to exceed128
139-$25.00 if that person shows to the court having jurisdiction of the offense that the proper129
140-revalidation decal had been obtained prior to the time of the offense.130
141-(a) Any dealer of new or used motor vehicles shall issue a temporary operating permit131
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
144-whose primary business is the sale of salvage motor vehicles and other vehicles on which134
145-total loss claims have been paid by insurers. Such temporary operating permit shall be of135
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
148-name and location of the dealer and shall include an expiration date which shall be 45 days138
149-from the date of purchase. The expiration date of a temporary operating permit may be139
150-revised and extended by the county tag agent upon application by the dealer, purchaser, or140
151-transferee if an extension of the purchaser's initial registration period has been granted as141
152-provided by Code Section 40-2-20.142
153-(b)(1) The department may provide by rule or regulation for the sale and distribution of143
154-temporary operating permits to dealers by third parties through the development and144
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
157-provide by rule or regulation for standards for authorized access to an electronic147
158-temporary operating permit issuance system, which may include, but shall not be limited148
159-to, required criminal background checks for any user of the system. Any third party149
160-- 6 - 24 LC 39 4341S
161-authorized to distribute and issue temporary operating permits shall maintain an inventory150
162-record of such permits by number and name of the dealer.151
163-(2)(A) The department shall be authorized to suspend access to the electronic152
164-temporary operating permit issuance system established pursuant to this subsection for153
165-any dealer found to have issued a temporary operating permit for a vehicle which has154
166-not been sold or intended to be registered or that otherwise violated requirements for155
167-issuance of such permits established by rule or regulation of the department after156
168-issuance of notice of such violation by electronic means and opportunity for informal157
169-review as set forth in this subparagraph. Any dealer that has received notice pursuant158
170-to this subsection of an alleged violation and for which the department intends to159
171-suspend access to the electronic temporary operating permit issuance system may160
172-request an informal review of the allegations with the department. The method for161
173-making such request shall be developed by the department and may be by electronic162
174-means. Upon receipt of such request for informal review, the department shall, within163
175-ten business days, schedule an informal conference with such dealer to review the164
176-suspected violations. Proceedings under this subparagraph shall not be governed by165
177-any formal procedural requirements and may be conducted in such manner as the166
178-department may establish by rule or regulation. The department shall consider the167
179-historical use of the electronic temporary operating permit issuance system by the168
180-dealer under consideration for access suspension, together with other pertinent169
181-information which may be available, and shall render a decision regarding access to the170
182-electronic temporary operating permit issuance system within seven business days of171
183-the informal conference. Upon a finding that such dealer violated the requirements of172
184-this Code section or rules and regulations of the department, the department shall173
185-suspend access to the electronic temporary operating permit issuance system for a174
186-period of no longer than six months and notify such dealer of its decision.175
187-- 7 - 24 LC 39 4341S
188-(B) If the department suspends a dealer's access to the electronic temporary operating176
189-permit issuance system established pursuant to this subsection after an informal review177
190-held pursuant to subparagraph (A) of this paragraph, the suspended dealer shall have178
191-the right to request a formal hearing to review the suspension pursuant to Code Section179
192-40-3-6. At such hearing, the department may present evidence of any instances in180
193-which the suspended dealer unlawfully issued temporary operating permits or issued181
194-fraudulent temporary operating permits. Upon a finding that the suspended dealer is182
195-in compliance with the requirements of this Code section and only issued temporary183
196-operating permits for bona fide motor vehicle sales, the department shall provide for the184
197-immediate restoration of access to the electronic temporary operating permit issuance185
198-system for such dealer. Upon a finding that the suspended dealer violated the186
199-requirements of this Code section or rules and regulations of the department, the187
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
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
204-than $100.00 per violation, suspend or revoke the registration issued to a dealer192
205-pursuant to Code Section 40-2-39, and suspend, confiscate, or limit issuance of any193
206-dealer plates issued pursuant to Code Section 40-2-38 for a period of up to 24 months. 194
207-The department shall comply with Chapter 13 of Title 50, the 'Georgia Administrative195
208-Procedure Act,' in relation to the hearing provided for in this subparagraph and the196
209-suspended dealer shall have the right to appeal any decision of the department in197
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
214-SECTION 4.201
215-Said title is further amended in Code Section 40-2-27, relating to registration of motor202
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
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
225-years prior to application that have been modified by an importer registered with the United212
226-States Department of Transportation to comply with applicable federal motor vehicle safety213
227-standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., and certified by such214
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
234-inches wide and not less than seven inches in length and license plates for low-speed221
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
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
239-plate was issued unless specifically stated otherwise in this chapter, and shall show such226
240-- 9 - 24 LC 39 4341S
241-other distinctive markings as in the judgment of the commissioner may be deemed227
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
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
246-commissioner will to the best advantage advertise, popularize, and otherwise promote232
247-Georgia as the 'Peach State.' Except for license plates issued pursuant to Article 2B of this233
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
250-commissioner shall adopt rules and regulations, pursuant to the provisions of Chapter 13236
251-of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance of new237
252-license plates and to implement the other provisions of this Code section."238
253-SECTION 6.239
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
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
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
266-- 10 - 24 LC 39 4341S
267-(3) At the time of initial application for registration or at any time during the registration252
268-period, a vehicle owner may file with the county tag agent, on a form or electronic form253
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
271-county tag agent shall include all applicable registration fees. Upon approving the256
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
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
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
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
315-nature can have no application.299
316-- 12 - 24 LC 39 4341S
317-40-6-361.300
318-(a) All low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway301
319-vehicles are entitled to full use of a lane, and no motor vehicle shall be driven in such a302
320-manner as to deprive any such vehicles of the full use of a lane.303
321-(b) The operator of a low-speed vehicle, miniature on-road vehicle, or multipurpose304
322-off-highway vehicle shall not overtake and pass in the same lane occupied by the vehicle305
323-being overtaken.306
324-(c) No person shall operate a low-speed vehicle, miniature on-road vehicle, or307
325-multipurpose off-highway vehicle between lanes of traffic or between adjacent lines or308
326-rows of vehicles.309
327-(d) Low-speed vehicles, miniature on-road vehicles, and multipurpose off-highway310
328-vehicles shall not be operated two or more abreast in a single lane.311
329-40-6-362.312
330-(a) Low-speed vehicles shall be operated only on any highway where the posted speed313
331-limit does not exceed 35 miles per hour. The operator of a low-speed vehicle shall not314
332-operate such vehicle on any highway where the posted speed limit exceeds 35 miles per315
333-hour.316
334-(b) Multipurpose off-highway vehicles shall be operated only on highways that are part317
335-of a county road system and shall be authorized to cross highways that are part of a318
336-municipal street system or are part of the state highway system.319
337-(c) Miniature on-road vehicles shall be operated only on highways that are part of a320
338-municipal street system or county road system, provided that such operation has not been321
339-prohibited through ordinance or resolution within a local jurisdiction, and shall be322
340-authorized to cross highways that are part of the state highway system."323
341-- 13 - 24 LC 39 4341S
342-SECTION 10.324
343-Said title is further amended in Code Section 40-6-371, relating to powers of local authorities325
344-generally, by revising paragraphs (18.1) through (20) of subsection (a) and subsection (c) as326
345-follows:327
346-"(18.1)(19) Regulating the operation of electric personal assistive mobility devices,328
347-provided that such regulations are no less restrictive than those imposed by Part 2A of329
348-Article 13 of this chapter;330
349-(18.2)(20) Regulating the operation of personal transportation vehicles, provided that331
350-such regulations comply with Parts 3 and 6 of Article 13 of this chapter;332
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
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
362-SECTION 11.344
363-This Act shall become effective on October 1, 2024.345
364-SECTION 12.346
365-All laws and parts of laws in conflict with this Act are repealed.347
366-- 14 -
20+to provide for standards for registration of such vehicles; to provide for issuance of license3
21+plates for miniature on-road vehicles; to provide for an annual licensing fee for such vehicles;4
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
29+SECTION 1.12
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)
34+- 1 - 24 LC 39 4256S
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
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
63+"(e) The provisions of subsection (a) of this Code section shall not apply to applications
64+42
65+for certificates of registration for former military motor vehicles that are less than 25 years43
66+old and manufactured for the United States military,
67+ or multipurpose off-highway vehicles44
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
72+States Department of Transportation to comply with applicable federal motor vehicle safety49
73+standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., and certified by such50
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
93+commissioner will to the best advantage advertise, popularize, and otherwise promote
94+68
95+Georgia as the 'Peach State.' Except for license plates issued pursuant to Article 2B of this69
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
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
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
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
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
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 -